Part 1 Firearm Related Offences

Question 1

Section 198, Crimes Act 1961
Discharging firearm or doing dangerous act with intent

(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to do grievous bodily harm, —

(2) Everyone is liable to imprisonment for a term not exceeding 7 years who,

Answer 1

(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.

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.

Question 2

Outline R v pekepo
(firearm)

Answer 2

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.

Question 3

Define Discharge

Define Firearm and Airgun SBMP

Define Explosive

Define Property

Answer 3

To “discharge” in this context means ‘to fire or shoot’.

Firearm - means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive.
Airgun- by the use of gas or compressed air

Explosive: any substance and/or mixture which in its normal state is capable of decomposition at such rapid rate as to result in an explosion.

Property- includes real and personal property, any estate or interest in real or personal property.

Question 4

When offence is complete for 198

Answer 4

198(1) (a) - require the actual discharge of a firearm
at a person

198(1) (b) - device is sent, delivered, or put in place. Doesnt have to explode but be capable

Question 5

Section 198A, Crimes Act 1961
Using any firearm against law enforcement officer, etc

(1) Every one is liable to imprisonment for a term not exceeding 14 years who

(2) Every one is liable to imprisonment for a term not exceeding 10 years who

Answer 5

(1) uses any firearm in any manner whatever against any constable acting in the course of his duty knowing that, or being reckless whether or not, that person is a member of the Police.

(2) uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of himself or of any other person.

Question 6

in relation to a firearm outline uses in any matter whatever using R v Swain

Answer 6

R v Swain
Deliberately or purposely removing a sawn-off shotgun from a bag after being confronted by a police amounts to a use of that firearm within 198A

Question 7

outline Fisher v R regarding arrest knowledge

It is necessary f

Answer 7

Fisher v R
Crown must prove that the accused knew someone was attempting to arrest or detain him because otherwise the mens rea cant be established.

Question 8

Section 198B, Crimes Act 1961
Commission of an Imprisonable Offence with firearm

(1) Every one is liable to imprisonment for a term not exceeding 10 years who,—

Answer 8

(a) In committing any imprisonable offence, uses any firearm; or

(b) While committing any imprisonable offence, has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence.

Question 9

Outline and describe prima facie

Answer 9

Prima facie circumstances are those which are sufficient to establish an intent in the absence of evidence to the contrary

Question 10

Define Military style semi-automatic firearm (S2 Arms Act)

Answer 10

MSSA - a semi-automatic firearm having 1 or more of the following features:
- a folding or telescopic butt, bayonet lugs, flash suppressor:
- 0.22 magazine capable of holding more than 15 cartridges; or is detachable,
- a magazine holding 7 cartridges; or is detachable, and by appearance indicates capable of holding more than 10 cartridges:

Any firearm specified under Section 74A.

Question 11

define: Pistol (S2 Arms Act)

Answer 11

Pistol means any firearm that is designed or adapted to be held and fired with one hand; and includes any firearm that is less than 762 millimetres in length.

Question 12

Define: Restricted weapon (S2 Arms Act)

Answer 12

Restricted weapon means any weapon declared by the
Governor-General to be a restricted weapon.

Question 13

Occupier or driver deemed to be in possession
Section 66, Arms Act 1983

Answer 13

every person in occupation of any land or building or the driver of any vehicle on which any firearm, explosive, restricted weapon is found be deemed to be in possession of that weapon unless he proves it was not his property and was in the possession of another