Firearms Liabilities

Question 1

Discharging Firearm or Doing Dangerous Act with Intent
Section 198
Crimes Act 1961

Answer 1

Section 198(1)(a)

• With Intent to do GBH
• Discharges any firearm, airgun or similar weapon
• At any person

Section 198(1)(b)

• With Intent to do GBH
• Sends or delivers to any person OR puts in any place
• Any explosive OR Injurious substance or device

Section 198(1)(c)

• With Intent to do GBH
• Sets fire
• To any property

Section 198(2)

• With Intent to injure OR reckless disregard
• Does any of the acts referred to in subsection 1 of this section

Question 2

Using a Firearm Against Law Enforcement Officer
Section 198A
Crimes Act 1961

Answer 2

Section 198A(1)

• Uses any firearm in an manner whatever
• Against any Constable OR traffic officer OR prison officer acting in the course of their duty
• Knowing that OR being reckless whether or not that person is a constable OR traffic officer OR prison officer

198A(2)

• Uses any firearm in an manner whatever
• Intent to resists the lawful arrest or detention of
• Him/herself or any other person

Question 3

Commission of an Imprisonable Offence with a Firearm
Section 198B
Crimes Act 1961

Answer 3

Section 198B(1)(a)

• In committing any imprisonable offence
• Uses any firearm

Section 198B(1)(b)

• While committing any imprisonable offence
• Has any firearm with him/her
• In circumstances that prima facie show an intention to use it in connection with that imprisonable offence