Firearms - Case Law

Question 1

DPP v SMITH

Answer 1

Bodily harm needs no explanation and grievous means no more and no less than really serious.

Question 2

R v PEKEPO

Answer 2

Relates to intent to do GBH

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.

Question 3

Police v PARKER

Answer 3

“Use in any manner whatever” is to contemplate a situation short of actually firing the weapon and to present a rifle too.

I.e. using a firearm in other ways to which it would normally be used such as, as a club.

Question 4

R v KELT

Answer 4

Relates to Commission of Offence With Firearm.

Having a firearm with him/her requires a very close physical link and a degree of immediate control over the weapon by the person alleged to have the firearm with them.

Question 5

TULI v Police

Answer 5

Prima facie circumstances are those which are sufficient to show an intent in the absence of evidence to the contrary.