Firearms Offences Flashcards
Discharging firearm or doing dangerous act with intent Legislation
Section 198
Crimes Act 1961
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with
intent to do grievous bodily harm,—
(a) Discharges any firearm, airgun, or other similar weapon at any person; or
(b) Sends or delivers to any person, or puts in any place, any explosive or injurious
substance or device; or
(c) Sets fire to any property
(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent
to injure, or with reckless disregard for the safety of others, does any of the acts
referred to in subsection (1) of this section.
R v Pekepo
A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
Discharge Definition
To “discharge” in this context means “to fire or shoot”
Injurious substance or device
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. Boiling water has been held to be a “destructive” substance in previous Court decisions.
When offence is complete
-When the firearm is discharged at a person (although it is not necessary for it to have exploded) OR
-an injurious substance or device is sent, delivered, or put in place.(It must have
the capacity to explode or cause injury)
Sets fire Definition
Although fire damage will often involve burning or charring, it is not necessary that the property is actually set alight; melting, blistering of paint or significant smoke damage may be sufficient
Property definition
Includes real and personal property, and any estate or interest in any real or
personal property, money, electricity, and any debt, and any thing in action, and any other
right or interest.
Using any firearm against law enforcement officer, etc - Legislation
Section 198A,
Crimes Act 1961
(1) Every one is liable to imprisonment for a term not exceeding 14 years who uses any firearm in any manner whatever against any constable, or any traffic officer, or any prison officer, acting in the course of his or her duty knowing that, or being reckless whether or not, that person is a member of the Police or a traffic officer or a prison officer so acting
(2) Every one is liable to imprisonment for a term not exceeding 10 years who uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of himself or herself or of any other person.
R V Swain
To deliberately or purposely 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 s 198A Crimes Act 1961.
Constable definition
A Police employee who holds the office of constable
Acting in the course of duty meaning
Police duties include protecting life and property, preventing and detecting crime, apprehending offenders and keeping the peace
Does not count if the officer is using excess force etc
Fisher v R
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.
