Firearms Case Law

Question 1

R v Pekepo

Answer 1

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

Question 2

R v Swain

Answer 2

To deliberately or purposely remove a sawn-off shotgun from a bag after being confronted by or called by a police constable amounts to a use of that firearm within the meaning of s198A crimes act 1961

Question 3

Fisher v R

Answer 3

It is necessary in order to establish a charge under section 198A(2) for the crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established