Firearms Offences

Question 1

Discharging Firearm or Doing Dangerous Act with Intent Section 198(1)(a) CA 1961

Answer 1

Section 198(1)(a) CA 1961

• With intent to do GBH
• Discharges any Firearm, Airgun or other similar weapon
• At any person

Question 2

Discharging Firearm or Doing Dangerous Act with Intent Section 198(1)(b) CA 1961

Answer 2

Section 198(1)(b) CA 1961

• With intent to do GBH
• Sends any person or, delivers to any person or, puts in any place.
• Any explosive or injurious substance

Question 3

Using any firearm against law enforcement officer, etc - Section 198A(1) CA 1961

Answer 3

Section 198A(1) CA 1961

• Uses any firearm in any manner whatever
• Against any, Constable, Traffic officer, prison officer
• Acting in the course of his or he duty
• Knowing that, or being reckless weather or not that the person is a constable, traffic officer, prison offer so acting.

Question 4

Using any firearm against law enforcement officer, etc - Section 198A(2) CA 1961

Answer 4

Section 198A(2) CA 1961

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

Question 5

Define Firearm

Answer 5

means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and includes any thing adapted, dismantled, completed or especially dangerous air gun.

Question 6

R v Pekepo

Answer 6

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intent to shoot that person must be established.

Question 7

Police v Parker

Answer 7

“Use in any manner whatever”, is to contemplate a situation short of actually firing the weapon and includes presenting the rifle too.

Question 8

Simester and Brookbanks - knowing

Answer 8

Knowing means, “knowing or correctly believing” The defendant may believe something wrongly but cannot “know” something is false.

Question 9

R v Kelt

Answer 9

“Having” a firearm requires a very close physical link and degree of immediate control over the weapon.

Question 10

Tuli v Police

Answer 10

Prima facie circumstances are those which are sufficient to establish an intent in the absence of evidence to the contrary.

Question 11

What is the definition of a firearm?

Answer 11

Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive.

Includes:

• Anything capable of doing so by adaptation, completion, replacement of parts, or repair of defects
• Any dismantled firearm.
• Any specially dangerous airgun

Sec. 2, Arms Act 1983

Question 12

Define Airgun

Answer 12

Airgun: any weapon from which, by the use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged

Question 13

Define Injurious substance

Answer 13

The term “injurious substance or device” covers a range of things capable of causing harm to a person; for example a letter containing Anthrax powder that is mailed to a political target

Question 14

R v Fisher

Answer 14

In regard to section 192(A)(1) it is necessary for the crown to prove that the accused knew someone was attempting to arrest or detain them.

Question 15

R v Swain

Answer 15

To deliberately remove a sawn-off shotgun from a bag after being confronted by Police amounts to use of that firearm.

Question 16

Define Pistol

Answer 16

Any firearm designed or adapted to fire with one hand and includes any firearm less than 762cm in length.

Question 17

Military-style semi-automatic (MSSA) definition

Answer 17

A semi-automatic firearm with one or more of the following features:

• Folding or telescopic butt
• Bayonet lugs
• A Flash suppressor
• Capable of holding more than 12 .22 rimfire cartridges
• Capable of holding more than 7 cartridges (or 10 if detachable)

Question 18

List restricted weapons

Answer 18

• Anti-tank projectors and ammunition
• Grenade discharges
• Incendiary grenades
• Machine guns
• Mines
• Mortars
• Rocket launchers

Question 19

Section 198B(1)a CA 1961

Answer 19

• In committing any imprisonable offence - uses any firearm

Question 20

Section 198B(1)b CA 1961

Answer 20

• While committing any imprisonable offence - had any firearm with him or her in circumstances that prima facie show an intent to use it in connection with that imprisonable offence