Liability 198(1)(a)

Question 1

Discharging a Firearm with Intent

Section and Penalty

Answer 1

Section 198(1)(a) Crimes Act 1961

14 Years Imprisonment

Question 2

Discharging a Firearm with Intent

Ingredients

Answer 2

.1 With intent to do Grievous Bodily Harm

.2 Discharges any firearm, airgun or similar weapon

.3 At any person

Question 3

.1 With intent to do Grievous Bodily Harm

Answer 3

Intent:
In the criminal law context there are two specific types pf intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

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Grievous bodily harm can be defined simply as “harm that is really serious”.

_____

“Bodily harm needs no explanation and “grievous” means no more and no less than “really serious”.
DPP v SMITH

Question 4

.2 Discharges any firearm, airgun or similar weapon

Answer 4

Discharge:
In this context means to fire or shoot.

_____

Firearm:
(a) Anything from which any shot, bullet, missile, or other projectiles can be discharged by force of explosive; and
(b) includes -
(i) Anything that has been adapted; and
(ii) Anything which is not for the time being capable but which, by its completion or the replacement of any component or repair of any defects would be an firearm; and
(iii) Anything dismantled or partially dismantled; and
(iv) Any specially dangerous airgun.
Sec. 2, Arms Act 1983.

OR

Airgun:
Includes - 
(a) Any air rifle; and
(b) Any air pistol; and
(c) Any weapon from which, any shot, bullet, missile, or other projectile can be discharged, by the use of gas or compressed air (and not by force of explosive).
Sec. 2, Arms Act 1983.

OR

Similar weapon.

Question 5

.3 At any person

Answer 5

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.
R v Pekepo

_____

Person:
Gender neutral. Proved by judicial notice or circumstantial evidence.