Notes - Firearm

Question 1

Definition of injurious, substance, and device

Answer 1

An injurious, substance, or device cover a range of things capable of causing harm to a person

Question 2

For a charge of the charging, a firearm with intent to do GBH, the firearm can include airgun, explain your answer

Answer 2

S198(1) everyone is liable to imprisonment for term not exceeding 14 years who with intent to do GBH
(A) discharge any firearm airgun, or are other similar weapon at any person. 

Question 3

What are the ingredients for using a firearm against the law enforcement?

Answer 3

Uses any firearm in any manner whatsoever.

Against any constable or traffic officer, or any present officer acting in the course of his or her duty.

Knowing that, OR being reckless, whether or not that the person is a member of police, traffic, officer, or prison officer, so acting.

Question 4

When is the offence, 198(1)(a) and S198(1)(b) complete ?

Answer 4

A - requires that actual discharge of the firearm at a person
B - no explosion. When explosion or injurious device is sent, delivered or put in place. Must be capable to explode or cause injury

Question 5

Would a charge under 198 (1)(b) fail if the police officer was trespassing?

Answer 5

Yes, police officer has acted unlawfully.

They cannot be said to be acting in the course of their duty. 

Question 6

Definitions for discharge, firearms, and explosives

Answer 6

Discharge - to discharge in this context means to fire or shoot 

Firearm - defined in s2 Arms Act 1983. Firearm acts by force of explosive, whereas an air gun acts by force of compressed air or gas

Explosive - any substance mixture or combinations of substance, which in its normal state is capable, either of decomposition at such rapid rate as to result in an explosion, or of producing a pyrotechnic effect. includes gunpowder, gelignite, detonators. Doesn’t include fireworks or firearms 

Question 7

R v Pepeko

Answer 7

Reckless discharge of a firearm in the general direction of a passer-by who happens to be hit, is not sufficient proof and intention to shoot that person must be established 

Question 8

What’s are the ingredients for 198b commission of an imprisonable offence with a firearm

Answer 8

In committing any imprisonable offence uses any firearm 

Question 9

Ingredients of use a firearm against law in Forseman officer, 198A(2)

Answer 9

Uses any firearm in any manner, whatsoever, with intent to resist the lawful arrest or detention of himself, or herself, or of any other person