USING FIREARM - COMMISSION OF IMPRISONABLE OFFENCE

Question 1

Section, Act, Penalty

Elements

Answer 1

198B(1)(a) CA 1961 - 10yrs
In committing any imprisonable offence
Uses any firearm

Question 1

Section, Act, Penalty

Elements

Answer 1

198B(1)(a) CA 1961 - 10yrs
In committing any imprisonable offence
Uses any firearm

Question 2

In committing any imprisonable offence

Answer 2

Must be in the commission of an imprisonable offence.

In the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment

Question 3

Uses

Answer 3

Has a narrower meaning than 198A and includes firing or presenting a firearm, or displaying it in a menacing manner, but may not extend to the use of a firearm as a club.

Question 4

Uses

Answer 4

Has a narrower meaning than 198A and includes firing or presenting a firearm, or displaying it in a menacing manner, but may not extend to the use of a firearm as a club.

Question 5

Uses in any manner whatever - Case Law

Answer 5

Parker
“ ‘Use in any manner whatever’ is to contemplate a situation short of actually firing the weapon and to present a rifle too, I think, is equivalent to or means the same thing

Question 5

Uses in any manner whatever - Case Law

Answer 5

Parker
“ ‘Use in any manner whatever’ is to contemplate a situation short of actually firing the weapon and to present a rifle too, I think, is equivalent to or means the same thing

Question 6

Firearm

Answer 6

a) Means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and
b) Includes
i) Anything that has been adapted; and
ii) Anything which is not for the time being capable of, but which, by its completion or replacement of any component, or repair of any defect would be a firearm; and
iii) Anything dismantled or partially dismantled; and
iv) Any specially dangerous airgun

Question 7

Firearm

Answer 7

a) Means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and
b) Includes
i) Anything that has been adapted; and
ii) Anything which is not for the time being capable of, but which, by its completion or replacement of any component, or repair of any defect would be a firearm; and
iii) Anything dismantled or partially dismantled; and
iv) Any specially dangerous airgun

Question 8

At any person

Answer 8

Gender neutral, proven by judicial notice or circumstantial evidence.

Question 9

S198B(1)(b) CA61

Answer 9

(1) Everyone is liable to imprisonment for a term not exceeding 10 years who,
(b) While committing any imprisonable offence, has any firearm with him or her in circumstances that prima facie to show an intention to use it in connection with that imprisonable offence.