Firearms Act (S16 + S16A) Flashcards

1
Q

What is Section 16 of the Firearms Act 1968?

A

Section 16 - Possession of firearm with intent to injure:

“It is an offence for a person to have in his possession any firearm or ammunition with intent by means thereof to endanger life or cause serious injury to property, or to enable another person by means thereof to endanger life (or cause serious injury to property), whether any injury (to person or property) has been caused or not.”

Points to prove:
• possessed firearm/ammunition
• with intent
• to endanger life/enable another to endanger life thereby

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2
Q

What is Section 16A of the Firearms Act 1968?

A

Section 16A - Possession of firearm with intent to cause fear of violence:

“It is an offence for a person to have in his possession any firearm or imitation firearm with intent:

(a) by means thereof to cause, or
(b) to enable another person by means thereof to cause,

any person to believe that unlawful violence will be used against him or another person.”

Points to prove:
• had in your possession
• a firearm/imitation firearm
• with intent
• to cause/enable another to cause
• any person
• to believe unlawful violence will be used
• against them or another person
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3
Q

What is the definition of an Imitation Firearm?

A

Imitation Firearm:

A weapon for discharge of any noxious liquid, gas, or other thing) whether or not it is
capable of discharging any shot, bullet, or other missile.

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4
Q

What is the meaning of Possession?

A

Possession:

  • The mental element: whereby the defendant must know of the existence of the firearm, but cannot claim ignorance that it was technically ‘a firearm’.
  • The practical element: this term is broader than actual physical possession; a person can ‘possess’ a firearm in a house or premises under their control, even though they are not at the premises. Similarly, the same firearm could be ‘possessed’ by two people at the same time, such as the firearm’s lawful owner and also its custodian who keeps the firearm at his home.
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5
Q

What is the meaning of Endangering Life?

A

Endangering Life:

Life need not actually be endangered, although if there is danger to life this may assist in proving intent. There is no need to prove any harm or injury to the victim.

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6
Q

What is the meaning of a Firearm?

A

Firearm:

Means a lethal barrelled weapon of any description from which any shot, bullet, or other missile can be discharged and includes:
• any prohibited weapon, whether it is such a lethal weapon as aforesaid or not; and
• any component part of such a lethal or prohibited weapon; and
• any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon; but excludes component parts of, and accessories for, a shotgun or air weapon.

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7
Q

What is the meaning of Ammunition?

A

Ammunition:

Ammunition [being any shot, bullet, or other missile] for any firearm and includes grenades, bombs, and other like missiles, whether capable of use with a firearm or not, and also includes prohibited ammunition.

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8
Q

What is the meaning of Unlawful Violence?

A

Unlawful Violence:

Means the unlawful exercise of physical force so as to cause injury or damage to property.

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9
Q

What is the meaning of Intent?

A

Intent:

This can be proved by drawing on various sources of information:
• admissions made by the defendant in interview which reveal their state of mind at the time of commission of the offence;
• answers given by the defendant to questions regarding their actions and intentions at the time of the offence;
• by inference from the circumstances of the offence;
• evidence from witnesses;
• actions of the defendant before, during and after the event, and property found on them or in their control (such as a vehicle for transporting property).

To prove intent, you need to take all of the above into account. However, the important thing is that
you have to prove the defendant’s state of mind at the time.

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