Questions - Firearms

Question 1

R v Pekepo

Answer 1

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 2

Discharge

Answer 2

To fire or shoot

Question 3

Firearm

Answer 3

Means anything from which any shit, bullet, missile, or other projectile can be discharged by force of explosive. Includes anything that can has been adapted, anything that can be corrected/replaced, anything dismantled and any specially dangerous air gun

Question 4

Air gun

Answer 4

Any air rifle, air pistol and any weapon from which by the use of gas or compressed air, any shot, bullet, missile or other projectile can be discharged

Question 5

Explosive

Answer 5

Any substance or mixture or combination of substances which in its normal state is capable of either rapid decomposition resulting in an explosion or productivity a pyrotechnic effect

Question 6

Specially dangerous air guns

Answer 6

Declared by the governor general

Question 7

Pistol

Answer 7

Held with one hand, less than 762mm in length

Question 8

Injurious substance or device

Answer 8

Capable of causing harm

Question 9

When is the offence complete for s198(1)(b)

Answer 9

When it has been sent, delivered it out in place. The substance must have the capacity to explode or cause injury. The substance must have the capacity to explode or cause injury.

R v Sheppard: merely throwing a bottle of gunpowder which can not cause an explosion is not within the relevant state

Question 10

R v Swain

Answer 10

To deliberately or purposely remove a shotgun from a bag after being confronted by or called upon by a police constable amounts to a use of that firearm

Question 11

Fisher v R

Answer 11

The accused must have known they were being arrested or detained

Question 12

Police v Parker

Answer 12

To contemplate a situation short of actually firing the weapon includes presenting it

Question 13

In any manner whatever

Answer 13

Handled or manipulated to convey an implied threat. Includes using the firearm in ways that it is not normally used, like a club

CL: swain/Parker

Question 14

Acting in his/her duty

Answer 14

Includes:
- protecting life and property
- preventing and detecting crime
- apprehending offenders
- keeping the peace
- every lawful act whilst on duty and off duty in obligatory circumstances

Question 15

Has with them

Answer 15

Must knowingly have the firearm with them

R v Cox (possession)

R v Kelt: requires a very close physical link and a degree of immediate control over the weapon

R v Manapouri: more than one person can have control over the weapon

Question 16

Prima Facie

Answer 16

Tuli v Police: Prima facie circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary