Liability 198B(1)(a) Flashcards
Commission of an Imprisonable Offence with a Firearm
Section and Penalty
Section 198B(1)(a) Crimes Act 1961
10 Years Imprisonment
Commission of an Imprisonable Offence with a Firearm
Ingredients
.1 In committing any imprisonable offence
.2 Uses any firearm
.1 In committing any imprisonable offence
Must be in the commission of an imprisonable offence.
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Offence punishable by imprisonment for life or by a term of imprisonment.
Sec. 5, Criminal Procedure Act 2011
.2 Uses any firearm
Uses:
Narrower meaning than 198A(1) and includes firing or presenting a firearm, or displaying it in a menacing manner, but may not extend to use of a firearm as a club.
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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.