Discharging Firearm Or Ding Dangerous Act With Intent

Question 1

Discharging firearm or doing dangerous act with intent Act, Section, Punishment?

Answer 1

CA 1961 Section 198, 14 years

Subsections 1(a) and (b)

Question 2

Discharging firearm or doing dangerous act with intent ingredients 198(1)(a,b,c)?

Answer 2

With intent to do GBH
A- Discharges any firearm, airgun or 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

Question 3

Section 198 creates criminal liability based on the intention and action of the offender, rather than on the outcome or consequences of those action, explain this in more detail.

Answer 3

It is not necessary under section 198 to prove that the victim suffered actual bodily harm. What is relevant is that the offender did one of the specified acts with one of the specified intents.

Where bodily harm result the appropriate charge would be one of wounding or injuring etc

Question 4

Subsection 1 and 2 both relates to the same actus reus being
- discharging a firearm at a person
- Delivering explosives
- Setting fire to property

The distinction is the offenders intent explain,

Answer 4

Subsection 1 the intent is to cause GBH

Subsection 2 the intent is to injure the victim or acts with reckless disregard for the safety of others.

Question 5

Under section 198(2) it is NOT sufficient for the prosecution to show a reckless discharge of the weapon in the general direction of the person who happened to be hit. There must be an intention to shoot at that person. What case law relates?

Answer 5

R v Pekepo

Question 6

R v Pekepo

Answer 6

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is no0t sufficient proof. An intention to shoot that person must be established.

Question 7

To discharge in this context means?

Answer 7

To fire or shoot.

Question 8

Firearm def?

Answer 8

Means anything from which any shot, bullet or projectile can be discharged by force of explosive.

Question 9

What is the primary difference between a firearm and an airgun?

Answer 9

A firearm acts by force of explosive whereas an airgun acts by force of compressed air

Question 10

Explosive means? Section 2 arms act

Answer 10

means any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect

Question 11

The term injurious substance or device covers?

Answer 11

A range of things capable of causing harm to a person.

Ie a letter containing anthrax powder is mailed to a political target

Question 12

Offences under S198(1)(a) require the actual discharge of a firearm at a person, explain what is required for the offence to be complete under S198(1)(b)?

Answer 12

It is not necessary for an explosion to occur, the offence is complete when an explosive or an injurious substance or device is sent, delivered or put in place. The substance must have the capacity to explode or cause injury.

Question 13

Explain the term “sets fire”

Answer 13

Fire damage will often involve burning or charring, it is not necessary that the property is set alight. Melting, blistering of paint or significant smoke damage may be sufficient to prove the offence.

Question 14

Definition of property

Answer 14

Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity and any debt and any other right or interest.

Question 15

Using any firearm against law enforcement officer name, act, section, punishment

Answer 15

Crimes Act 1961 Section 198A (1) 14 YEARS

OR subsection (2)10years

Question 16

Ingredients Section 198A(1)

Using a firearm against law enforcement officer

Answer 16

Uses any firearm in any manner whatever
Against any Constable, Traffic Officer, Prison Officer
Acting in the course of his or her duty
Knowing that, or being reckless whether or not that person is a Constable, Traffic Officer, Prison Officer so acting

Question 17

Ingredients Section 198A(2)

Answer 17

Uses any firearm in any manner whatever
With intent to resist the lawful arrest or detention of himself, herself or any other person

Question 18

Explain “Uses in any manner”

Answer 18

Use means to fire it, however the words in any manner widen the definition to include a range of acts that stop short of actually shooting an officer

Question 19

Does mere possession constitute “use”?

Answer 19

No, but handling or manipulating the firearm in a manner that conveys an implied threat may suffice

Question 20

R v Swain?

Answer 20

To deliberately or purposely remove a sawn off shot gun 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 CA 1961.

(In R v Swain the defendant when confronted by a police constable removed a sawn off shot gun from a bag saying ‘don’t be stupid’ causing the officer to fear for his safety. Although he didn’t point the gun at teh officer it was held that his actions in taking it out of the bag in plain view of the constable amounted to the ‘use’ of the firearm in an intimidating an threatening manner against him.)

Question 21

Constable means?

Answer 21

A Police employee who holds the office of Constable appointed under the Policing Act

Question 22

Acting in the course of duty means?

Answer 22

Includes every lawful act a Constable does while on duty and may include acts done where the circumstances create a professional obligation for a Constable to exercise policing duties while off duty

Question 23

If an officer is acting unlawfully ie using excessive force during arrest, trespassing on private property can they be said to be acting in the course of his or her duty?

Answer 23

NO

Question 24

Explain the term “Knowing”

Answer 24

The defendant must know the victim is a Police officer and know that the officer is acting in the course of his or her duty or be reckless to those facts.

Question 25

Explain the term “Intent to resist lawful arrest of detention” and what case law relates?

Answer 25

It must be proved that the defendant knew an attempt was being made to arrest or detain him or her.

Fisher v R

Question 26

Fisher v R

Answer 26

The Crown must 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 or detention cannot be established.

Question 27

Under 198A(2) does the firearm need to be used against a law enforcement officer?

Answer 27

No, the firearm can be used in any manner against any person as long as the offender has the necessary intent to resist arrest or detention

Question 28

Commission of an Imprisonable Offence with a Firearm Name Act, Section, Punishment

Answer 28

CA 1961 Section 198B 10 years

Question 29

Ingredients Section 198B (1)(a)

Answer 29

In committing any imprisonable offence
Uses any firearm

Question 30

Ingredients Section 198B(1)(b)

Answer 30

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

Question 31

For this offence the term “Uses any firearm” means?

Answer 31

Unlike s 198A section 198B is not accompanied by the words “in any manner whatever” and therefore has a narrower meaning.

For this section the term includes firing or presenting a firearm, displaying in a menacing manner but may not include things like uses the firearm as a club.

Question 32

Explain the term “has with him”

Answer 32

The offender must knowingly have the firearm with them, mere possession is insufficient.

R v Cox is relevant where both the physical and mental component must be proved to satisfy this element

Question 33

Can more than one person be charged in regards to a single firearm in relation to the element of “had with him”?

Answer 33

Yes if each had an appropriate degree of control over it

Question 34

Mere possession is not sufficient there must be accompanying…

Answer 34

Circumstances showing an intention to use the firearm in the commission of then imprisonable offence.

Question 35

Military’s style semi automatic means?

Answer 35

A firearm other than a pistol that is

A semi automatic firearm having one of more of the following features

• folding telescopic butt
• magazine designed to gold .22 inch rim fire cartridges that is capable of holding more than 15 cartridges and is detachable
• Flash suppressor

Question 36

Pistol meaning?

Answer 36

Means any firearm that is designed or adapted to be held and fired with one hand and includes any firearm less than 762 mm in length.

Question 37

Restricted weapon means?

Answer 37

Any weapon whether a firearm or not declare by the Governor General to be a restricted weapon

Question 38

Name some weapons on the restricted weapons schedule

Answer 38

Anti tank projectors
Grenache discharges/launchers
Molotov Cocktails
Submachine guns
Mines
Rocket launchers

Question 39

Specially dangerous airgun means?

Answer 39

Any airgun declared by the Governor General to be specially dangerous airgun

Question 40

Section 66 of of the Arms Act 1983 is about occupier of driver deemed to be in possession explain this section.

Answer 40

Every person in occupation of any land building or the driver of any vehicle on which any firearm, airgun, pistol, imitation firearm, restricted weapon or exploded is found shall though not to the exclusion of the liability of any other person be deemed to be in possession of that firearm airgun etc etc unless he proves that it was not his property and that it was in the possession of some other person.