Violence Liabilities (Blackmail, Firearms) Flashcards
What is the Section Act, and ingredients for,
Discharging firearm or doing dangerous act with intent
Section 198 Crimes Act 1961 (14/7yrs)
(1) Every one who, with intent to do grievous bodily harm,
(a) Discharges any firearm, airgun, or other similar weapon at any person; or
(b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
(c) Sets fire to any property.
(2) Everyone who, with intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in subsection (1) of this section.
What is the Section Act, and ingredients for,
Using any firearm against law enforcement officer, etc
Section 198A Crimes Act 1961 (14/10yrs)
(1) Every one who uses any firearm in any manner whatever against
any constable, or any traffic officer, or any prison officer,
acting in the course of his or her duty knowing that, or
being reckless whether or not,
that person is a member of the Police or a traffic officer or a prison officer so acting.
(2) Every one who uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of himself or herself or of any other person.]
What is the Section Act, and ingredients for,
Commission of an Imprisonable Offence with firearm
MUST KNOW
Section 198B Crimes Act 1961 (10yrs)
(1) Every one who,
(a) In committing any imprisonable offence, uses any firearm; or
(b) While committing any imprisonable offence, has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence.
What is the Section Act, and ingredients for,
Blackmail
Section 237(1) Crimes Act 1961 (14yrs)
Every one commits blackmail who,
Threatens, expressly or by implication,
To make any accusation against any person (whether living or dead) or
To disclose something about any person (whether living or dead), or,
To cause serious damage to property or endanger the safety of any person,
With intent:
(a) to cause the person to whom the threat is made to act in accordance with the will of the person making the threat; and
(b) to obtain any benefit or to cause loss to any other person.
What is the Section Act, and ingredients for,
Demanding with intent to steal, etc
Section 239 Crimes Act 1961 (14/7yrs)
(1) Every one who,
Without claim of right,
By force or with any threat
Compels any person
To execute, make, accept, endorse, alter, or destroy
any document capable of conferring a pecuniary advantage with intent to obtain any benefit.
(2) Every one who, with menaces or by any threat, demands any property from any persons with intent to steal it.
Jim goes to a party and takes with his air rifle. He says to a friend wouldn’t it be funny if I shot this into the crowd. His friend says don’t do it people might get hurt. He discharges his high powered air rifle into a crowd. Two females receive serious bleeding head wounds from the bullets and are taken to hospital.
Write a liability for criminal offending (if any) by Jim:
Discharging firearm or doing dangerous act with intent
Section 198(2) Crimes Act 1961.
Every one is liable to imprisonment for a term not exceeding 7 years who,
With intent to injure, or
With reckless disregard for the safety of others, does any of the acts referred to in subsection (1)
(a) discharges any firearm, airgun, or other similar weapon at any person; or
(b) sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
(c) sets fire to any property.
Sarah demands lunch money from katie by threatening her, katie says she doesn’t have any money but will bring some in tomorrow, the next day katie gives sarah $10 dollars
239 Demanding with intent to steal, etc
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, without claim of right, by force or with any threat, compels any person to execute, make, accept, endorse, alter, or destroy any document capable of conferring a pecuniary advantage with intent to obtain any benefit.
By this time Johnny has been identified by Police as the offender for the robbery and wounding, and now has been identified as the offender for stabbing Conan. A city wide Flint has been issued and Police are actively hunting Johnny. In the meantime Johnny has armed himself with a pistol as he knows Conan’s mates are also trying to find him. Sergeant Jackson is on duty in full uniform and driving a marked Police vehicle and spots Johnny walking down the street. He calls out to Johnny who immediately draws his firearm and points it at Sergeant Jackson and tell him to” Fuck off Pig”:. Sergeant Jackson takes cover and Johnny runs away down the street before being apprehended at gunpoint by other police staff.
198A Using any firearm against law enforcement officer, etc
(1) Every one is liable to imprisonment for a term not exceeding 14 years who uses any firearm in any manner whatever against any constable, or any traffic officer, or any prison officer, acting in the course of his or her duty knowing that, or being reckless whether or not, that person is a constable or a traffic officer or a prison officer so acting.
R v Swain
