Firearms And Dishonesty

Question 1

Firearm offences

Answer 1

• Discharging firearm or doing dangerous act with intent
• Using any firearm against law enforcement officer etc
• Commission of crime with firearm

Question 2

Discharging firearm or doing dangerous act with intent sections and elements

Answer 2

s198(1)(a)
- With intent to do GBH
- Discharges any firearm or airgun or other similar weapon
- At any person

s198(1)(b)
- With intent to do GBH
- Sends to any person or delivers to any person or puts in any place
- Any explosive or injurious substance

Question 3

Using any firearm against law enforcement officer etc sections and elements

Answer 3

198A(1) CA61
- Uses any firearm in any manner whatever
- Against any constable or traffic officer or prison officer
-acting in the course of his or her duty
- Knowing that or being reckless whether or not that the person is a constable or traffic officer or prison officer so acting

s198A(2)
- Uses any firearm in any manner whatever
- With intent to resist the lawful arrest or detention of himself, herself or any other person

Question 4

Commission of crime with firearm sections and elements

Answer 4

s198B(1)(a) CA61
- In committing any imprsionable offence
- Uses any firearm

s198B(1)(b) CA61
- While committing any imprsionable offence
- Has any firearm with him or her
- In circumstances that prima facie show an intention to use it in connection with that imprisonable offence

Question 5

Firearm case law and related offence

Answer 5

s198
- DPP v Smith
- R v Donovan
- R v Pekepo
s198A
- Cameron v R
- Police v Parker
s198B
- R v Kelt
- Tuli v Police

Question 6

R v Donovan summary

Answer 6

Same as R v McArthur: bodily harm is hurt or injury to the comfort or health of the victim

Question 7

Police v Parker Summary

Answer 7

“Uses in any manner” includes situations short of firing the weapon

Question 8

R v Kelt

Answer 8

“Has with him/her” requires a phsycial link and immediate control

Question 9

Tuli v Police

Answer 9

Prima facie means enought to establish intent in the absence of evidence to the contrary