Firearms Liabilities, Case Law and definitions

Question 1

Section 198(1)(a) Crimes Act 1961

Answer 1

Discharging firearm or doing dangerous act with intent

• With intent to do GBH
• Discharges any
  - firearm
  - Airgun
  - Other similar weapon
• At any person

Question 2

Section 198(1)(b) Crimes Act 1961

Answer 2

Discharging firearm OR doing dangerous act with intent

• With intent to do GBH
  - Sends to any person OR
  - Delivers to any person OR
  - Puts in any place
• Any explosive OR injurious substance

Question 3

Section 198A(1) Crimes Act 1961

Answer 3

Using any firearm against law enforcement officer etc

• Uses any firearm in any manner whatever
• Against any
  - Constable
  - Traffic officer
  - Prison officer
• Acting in the course of his / her duty
• Knowing that OR being reckless as to whether or not that person is a Constable, Traffic Officer, Prison Officer so acting

Question 4

Section 198A(2) Crimes Act 1961

Answer 4

Using any firearm against law enforcement officer etc

• Uses any firearm in any manner whatever
• With intent to resist the lawful arrest of himself, herself OR any other person

Question 5

Section 198B(1)(a) Crimes Act 1961

Answer 5

Commission of a crime with a firearm

• In committing any imprisonable offence
• Uses any firearm

Question 6

Section 198B(1)(b) Crimes Act 1961

Answer 6

Commission of offence with a firearm

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

Question 7

Discharging firearm or doing dangerous act with intent - act and section

Answer 7

Crimes Act 1961 - Section 198(1)(a)

Question 8

Discharging firearm or doing dangerous act with intent - ingredients

Answer 8

Crimes Act 1961 - Section 198(1)(a)

• With intent to do GBH
• Discharges any: Firearm/airgun/other similar weapon
• At any person

Question 9

Discharging firearm or doing dangerous act with intent (explosive or injurious substance) - act and section

Answer 9

Crimes Act 1961 - Section 198(1)(b)

Question 10

Discharging firearm or doing dangerous act with intent (explosive or injurious substance) - ingredients

Answer 10

Crimes Act 1961 - Section 198(1)(b)

• With intent to do GBH:-
  
  • Sends to any person OR
  • Delivers to any person OR
  • Puts in any place
• Any explosive or injurious substance

Question 11

Using any firearm against law enforcement officer, etc - Act and section

Answer 11

Crimes Act 1961 - section 198A(1)

Question 12

Using any firearm against law enforcement officer, etc - ingredients

Answer 12

Crimes Act 1961 - Section 198A(1)

• Uses any firearm in any manner whatever
• Against any:
  
  • Constable
  • Traffic officer
  • Prison officer
• Acting in the course of his or her duty
• Knowing that OR being reckless as to whether or not that the person is a constable, traffic officer, prison officer or so acting

Question 13

Using any firearm against law enforcement officer, etc (with intent to resist arrest) - Act and section

Answer 13

Crimes Act - Section 198A(2)

Question 14

Using any firearm against law enforcement officer, etc (with intent to resist arrest) - ingredients

Answer 14

Crimes Act 1961 - Section 198A(2)

• Uses any firearm in any manner whatever
• With intent to resist the lawful arrest or detention of himself, herself or any other person

Question 15

Commission of a crime with a firearm - act and section

Answer 15

Crimes Act 1961 - Section 198B(1)(a)

Question 16

Commission of a crime with a firearm - ingredients

Answer 16

Crimes Act 1961 - Section 198B(1)(a)

• In committing any imprisonable offence
• Uses any firearm

Question 17

Commission of a crime with a firearm (prima facie intention) - ingredients

Answer 17

Crimes Act 1961 - 198B(1)(b)

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