Firearms case law / definitions Flashcards
R v PEKEPO
A reckless discharge of a firearm in the general direction of a passerby who happens to be hit, is not sufficient. An intention to shoot that person must be established.
R v PARKER
To “use in any manner whatever” is to contemplate a situation short of actually firing the weapon and would include presenting it. It could also include the use of a firearm in ways in which they are not normally used, such as where a firearm is used as a club
R v TULI
Prima facie circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary
R v SWAIN
To deliberately or purposely remove a sawn off shot gun from a bag after being confronted by, or called upon by a police constables amounts to a use of that firearm within the meaning of s 198A
FISHER v R
It is necessary in order to establish a charge under s198A(2) for the Crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens era of intending to resist lawful arrest or detention cannot be established.
Committing
Must be in the commission of an imprisonable offence
Imprisonable offence
Any offence which is punishable by a term of imprisonment
Acting in the Execution of Duty
The term includes every lawful act a Constable does while on duty, and may include acts done where the circumstances create a professional obligation for a constable to exercise policing duties while off duty
Knowledge / knowing
Simester and Brookbanks:
Knowing means knowing or correctly believing…. the defendant may believe something wrongly but cannot know something that is false
Uses in any manner
The primary meaning of the word “use” in relation to a firearm is to fire it, but the words “in any manner whatever” widen the definition to include a range of acts that stop short of actually shooting at an officer.
Has with him
The offender must knowingly have the firearm with them - mere possession is insufficient
