Uses any firearm against a law enforcement officer Flashcards
Act and section
198A(1) CA 1961
Penalty
14 years
Ingredients
Uses any firearm in any manner whatever
Against any constable acting in the course of his her her duty
Knowing that or being reckless whether or not that the person is a member of police
Uses in any manner whatever
The primary meaning of use with a firearm is to fire it but any manner whatever covers a range of acts that stop short of actually shooting the officer
Police v Parker
Is to contemplate a situation short of firing the weapon and to present a rifle means the same thing
Knowing
Correctly knowing or believing
The person must know the victim is a police officer and know that they are acting in the course of their duty or be reckless as to those facts
Reckless
A deliberate and concious taking of unjustifiable risk
R v Harney
Foresight of dangerous consequences together with an intent to continue the act