Liabilities - Firearm

Question 1

Elements to s198(1)

Answer 1

• With intent to do GBH
  (a) discharges a firearm, airgun or other similar weapon at any person OR
  (b) sends OR delivers to any person, or puts in any place, any explosives or injurious substances or devices
  (c) sets fire to property

Question 2

Mens Rea and Actus reus

Answer 2

• intent to GBH
• intent to injures
• reckless disregard
• discharge FA
• delivering explosives
• sets fire to property

Question 3

Definition Intent s198(1)(a)

Answer 3

Intent to commit the act, intent to get a specified result
R v Pekepo: An intention to shoot must be established. Reckless discharge in general direction and hits a passer-by is not sufficient proof

Question 4

Definition of Discharge of Firearm

Answer 4

Discharge: Fire or shoot
Firearm or Airgun: s2 AA83 firearm acts by force of explosion, airgun acts by force of compressed air

Question 5

Definition of injurious substance or device

Answer 5

Capable of causing harm to a person or explode

Question 6

Elements of s198A Using any firearm against a Law Enforcement Officer

Answer 6

• Uses any firearm
• Any manner whatever against
• Any Constable, Traffic Officer or Prison Officer
• Acting in their course of their duty
• Knowing that OR being reckless whether or not person is a member of the Police, Traffic officer or a prison officer so acting

Question 7

Uses in any manner whatever

Answer 7

R v Swain
Deliberately or purposely remove a swan off shotgun from a bag, after being confronted by or called upon by a Police amounts to a use of that firearm

Question 8

Acting in their course of duty

Answer 8

Every lawful act and on duty

Question 9

Knowingly

Answer 9

Correctly believing, cannot be false

Question 10

Definition of Reckless

Answer 10

Cameron v R