Firearms Flashcards
Discharging a firearm or Doing dangerous act with intent
S198(1)(a) CA61 (14 yrs)
- ingredients
- With intent to do GBH
- Discharges any;
- Firearm
- Airgun
- Other similar weapon
- At any person
Discharging a firearm or Doing dangerous act with intent
S198(1)(b) CA61 (14yrs)
- ingredients
- With intent to do GBH;
- Sends to any person
- Delivers to any person
- Puts in any place
- Any explosive or injurious substance
Using any firearm against law enforcement officer, etc
S198A (1) CA61 (14yrs)
- ingredients
- Use any firearm in any manner whatever
- Against any;
- Constable
- Traffic Officer
- Prison Officer
- Acting in the course of their duty
- Knowing that, or being reckless whether or not that person is a constable, traffic officer, prison officer so acting
Commission of a crime with a firearm
S198B (1)(a) CA61 (10yrs)
- ingredients
- In committing any imprisonable offence
2. Uses any firearm
Commission of a crime with a firearm
S198B (1)(b) CA61 (10yrs)
- ingredients
- While committing any imprisonable offence
- Has any firearm with them
- In circumstances that prima facie show an intention to use it in connection with that imprisonable offence.
Firearm
- definition
Anything from which any shot, bullet, missile or other projectile can be discharged
By Force of Explosive
Airgun
- definition
a) Any air rifle
b) Any air pistol
c) Any weapon from which,
By the use of Gas or Compressed Air
(and NOT by force of explosive),
any shot, bullet, missile or other projectile can be discharged.
What are the 3 Mens Rea elements?
- With intent to cause GBH
- With intent to injure
- With reckless disregard
What are the 3 Actus Reus elements?
- Discharging a firearm at a person
- Delivering explosives
- Setting fire to a property
Discharge
- definition
To fire or shoot
Intent to shoot victim
- definition
There must be an intention on the part of the defendant to shoot at that person.
“A reckless discharge of a firearm in the general direction of a passerby who happens to be hit is not sufficient proof.
An intention to shoot that person must be established.”
- R V PEKEPO
Injurious substance or device
- definition
Anything capable of causing harm to a person.
When is the offence complete?
198(1)(a) requires the actual discharge of a firearm with the necessary intent.
198(1)(b) when the injurious substance or device is sent, delivered or put in place.
However the substance must have the capacity to explode or cause injury.
Uses in any manner whatever
- definition
Includes anything from firing the firearm and any acts that stop short of actually shooting at an officer.
Includes the use of firearms in ways which they are not normally used, such as where a firearm is used as a club.
“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.”
- Police v Parker
Constable
- definition
A Police employee who holds the office of constable.
