Using a Firearm Against Law Enforcement Officer Case Law Flashcards
1
Q
R v Swain
A
To deliberately or purposely remove a sawn off shotgun from a bag after being confronted by or called upon by a police constable amounts to a use of that firearm with the meaning of s 198A Crimes Act 1961
2
Q
Fisher v R
A
It is necessary in order to establish a charge under section 198A(2) for the crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established.
