Firearms Offences

Question 1

Sec.198(1)(a) CA61 - 14 yrs

Discharging Firearm

Answer 1

• every one
• with intent to do GBH
• discharges any firearm, airgun or similar weapon
• at any person

Question 2

Sec.198(1)(b) CA61 - 14 yrs

Doing Dangerous Act With Intent

Answer 2

• everyone
• with intent to do GBH
• sends or delivers to any person, or puts in any place
• any explosive, injurious substance or device

Question 3

Sec.198(1)(c) CA61 - 14 yrs

Doing Dangerous Act With Intent

Answer 3

• everyone
• with intent to do GBH
• sets fire to any property

Question 4

Sec.198(2) CA61 - 7 yrs

Doing Dangerous Act With Intent

Answer 4

• every one
• with intent to injur, or with reckless disregard for the safety of others
• does any of the acts in (1)

Question 5

Sec.198A(1) CA61 - 14 yrs

Using Firearm Against Law Enforcement Officer

Answer 5

• every one
• 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 whether or not person is a Constable (TO/PO) so acting

Question 6

Sec.198A(2) CA61 - 10 yrs

Using Firearm To Resist Lawful Arrest/Detention

Answer 6

• every one
• uses any firearm in any manner whatever
• with intent to resist lawful arrest/detention of himself or any other person

Question 7

Sec.198B(1)(a) CA61 - 10 yrs

Commission of Imprisonable Offence with a Firearm

Answer 7

• every one
• in committing any imprisonable offence
• uses any firearm

Question 8

Sec.198B(1)(b) CA61 - 10 yrs

Commission of an Imprisonable Offence with a Firearm

Answer 8

• every one
• while committing any imprisonable offence
• has with him any firearm, in circumstances that prima facie show an intention to use it in connection with that imprisonable offence

Question 9

When is the offence in Sec.198(1)(b) complete?

Answer 9

• when the explosive, injurious substance or device is sent, delivered or put in place.
• must have the capacity to explode or cause injury.

Question 10

Explain Sec.198B “Uses any firearm”

Answer 10

• narrower meaning that 198A (in any manner whatever)

* includes firing, presenting or displaying in a threatening manner.

Question 11

Explain “Has any firearm with him”

Answer 11

means to knowingly have the fiream with him

Question 12

Explain “Acting in execution of his/her duty”

Answer 12

Includes lawful acts a constable does while on duty, and may include acts where a constable may have to exercise policing duties while off duty. Does not include unlawful acts such as using excessive force during an arrest, or trespassing on private property.

Question 13

Explain Prima Facie

Answer 13

TULI v Police
Prima facie circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary.