Discharges Firearm or Doing Dangerous Act with intent S198(2)(a) CA61

Question 1

What are the elements to S198(2)(a) CA61

Answer 1

• With intent to injure/or with reckless disregard for the safety of others
• Discharges Firearm/Airgun/other similar weapon
• At any person

Question 2

Intent

Answer 2

There are two types of intent. Firstly, and act or omission that is done deliberately, the act or omission must be more than involuntary or accidental. The second type is the intent to produce a specific result. AIM OBJECT PURPOSE

Question 3

R v Collister

Answer 3

Circumstantial evidence of the offender’s intent may be inferred by:

• The offender’s actions and words before, during and after the event
• Surrounding circumstances
• The nature of the act itself

Question 4

R v Taisalika

Answer 4

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.

Question 5

Define Reckless Disregard

Answer 5

While it is necessary to prove the defendant foresaw the risk, it it not necessary that he/she recognised the extent of the injury that would result

Question 6

What must be proved regarding recklessness

Answer 6

Subjective test: The defendant was aware of the risk and proceeded regardless

Objective test: It was unreasonable for him/her to run that risk.

Question 7

Cameron v R

Answer 7

Recklessness is established if:
(a) The defendant recognised that there was a real possibility that
(i) His/her actions would bring about a proscribed result and/or
(ii) The prescribed circumstances existed and
(b) Having regard to that risk, those actions were unreasonable

Question 8

Define Injure S2 CA61

Answer 8

To injure means to cause actual bodily harm

Question 9

Define Actual Bodily Harm

Answer 9

Actual Bodily harm may be internal or external, and it need not be permanent or dangerous.

Note: In R v Chan-fook, actual bodily harm includes psychiatric injury, if medical evidence confirms and identifiable clinical condition

Question 10

R v Donovan

Answer 10

Bodily Harm…..includes any hurt or injury calculated to interfere with the health or comfort of the victim….it need not be permanent, but must, no doubt, be more than merely transitory and trifling

Question 11

Define Firearm S2 Arms Act 83

Answer 11

Means anything from which any shot, bullet, missile, or other projectile cane be discharged by force of explosive

Question 12

Define Firearm and Airgun

Answer 12

As defined in S2 Arms Act 83, the primary difference between the two are that a firearm acts by force of explosive whereas an airgun acts by force of compressed air

Question 13

R v Pekepo

Answer 13

A reckless discharge of a firearm in the general direction of passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.

Question 14

Define Offence completion S198(1)(a) CA61

Answer 14

• (a) require the actual discharge of a firearm at a person

Question 15

Define Person S2 CA61

Answer 15

This offence is gender neutral and that fact that the victim is a person is generally accepted by judicial notice or proved by circumstantial evidence. The age of the victim is not relevant