Firearms class notes Flashcards
Definition of an airgun
Section 2, Arms Act 1983
- Any air rifle
- Any air pistol
- Any weapon from which, by the use of gas or compressed air (not by force of explosive) any shot, bullet, missile or other projectile can be discharged.
Case law for use firearm
Police V PARKER
“Use in any manner whatsoever”. Includes the use of a firearm in a manner it is not normally used, such as using it as a club.
Case Law for uses in any manner
R V SWAIN
It was held that his actions in taking the shotgun out of the bag in plain view of the
constable amounted to the ‘use’ of the firearm in an intimidating and threatening manner against him
Commission of a crime with a firearm
(Not a liability)
Crimes Act 198 (1) (b)
- While committing any imprisonable offence
- Has any firearm with him or her
- in the circumstances that prima facie show an intention to use it in connection with that imprisonable offence.