Firearms Offences

Question 1

Discharging a Firearm with Intent (2)

Answer 1

Section 198(2) Crimes Act 1961

7 Years Imprisonment

.1 With intent to injure
OR
With reckless disregard for the safety of others

.2 Does any of the acts referred to in subsection (1) of this section.

Question 2

Using any firearm against Law Enforcement Officer (2)

Answer 2

Section 198A(2)

10 Years Imprisonment

.1 Uses any firearm in any manner whatever

.2 With intent to resist the lawful arrest or detention of himself or herself or any other person

Question 3

R v Swain

Answer 3

To deliberately or purposefully remove a sawn-off shotgun from a bag after being confronted by or called upon by a Police Constable amounts to a use of that firearm within the meaning of Section 198A Crimes Act 1961.

Question 4

Fisher v R

Answer 4

It is necessary in order to establish a charge under section 198A(2) for the Crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established.

Question 5

Commission of an Imprisonable Offence with a Firearm (1)(b)

Answer 5

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

10 Years Imprisonment

.1 While committing any imprisonable offence

.2 Has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence.