Using any firearm against law enforcement officer

Question 1

Act and section

Answer 1

198(A)

Question 2

Ingredients 198(A)(1)

Answer 2

1) Uses any firearm in any manner whatever against
2) any constable, or any traffic officer, or any prison officer
3) acting in the course of his or her duty
4) knowing that or being reckless whether or not, that person is a member of the Police or traffic officer or a prison officer acting so.

Question 3

Ingredients 198(A) (2)

Answer 3

1) uses any firearm in any manner whatever

2) with intent to resist the lawful arrest or detention of himself or herself or of any other person

Question 4

In any manner whatever

Answer 4

• includes a range of acts
• includes handled or manipulated the firearm so as to convey an implied threat of further use against a Police officer. i.e brandishing a firearm in plain site.
• does not have to be discharged

Question 5

R v Swain

Answer 5

To deliberately or purposely remove a sawn off shotgun from a bag after being confronted or called upon by a police constable amounts to a use of that firearm within the meaning of s198A C.A 1961.

Question 6

acts that dont amount to acting in course of his or her duty

Answer 6

• using excess force during arrest
• trespassing on private property
• interfering with someones liberty without authority or lawful justification

Question 7

R v Fisher

Answer 7

It is necessary in order to establish a charge under 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 ir detention cannot be established

Question 8

198B(1) -Commission of an imprisonable offence with firearm

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 the circumstances that prima facie show an intention to use it in connection with that imprisonable offence.