*Commission of an Imprisonable Offence with a Firearm - s198B(1)(a) & (b)

Question 1

Commission of an imprisonable offence with a Firearm
- s198B(1)(a)
- 10yrs

Answer 1

• In committing any imprisonable offence
• Uses any firearm

Question 2

Commission of an imprisonable offence with a firearm
- s198B(1)(b)
- 10yrs

Answer 2

• 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 3

Imprisonable offence

Answer 3

Any offence punishable by a term of imprisonment.

Question 4

Uses any firearm

Answer 4

The primary meaning of the word ‘use’ in relation to a firearm, is to fire it.

The term 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

Firearm
- s2 Arms Act 1983

Answer 5

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

Includes:

• Anything that’s been adapted so it can discharge a S/B/M/OP by force of explosive
• Anything which is not for the time being capable of discharging a S/B/M/OP but which, by its completion or the replacement of any component, or repair of any defect, would be a firearm
• Anything which is for the time being dismantled or partially dismantled
• Any specially dangerous airgun

Question 6

*Has any firearm with him

Answer 6

The offender must knowingly have the firearm with him - mere possession is insufficient.

It must also be available at the time and at hand to use while committing the offence.

Question 7

COX
- Possession

Answer 7

Possession involves 2 elements:

• The physical element, is actual or potential physical custody or control
• The mental element is a combination of knowledge & intention

Knowledge in the sense of an awareness by the accussed that the substance is in his possession & an intention to exercise possession.

Question 8

Mere possession not sufficient

Answer 8

There must be accompanying circumstances that prima facie show an intention to use the firearm in committing the offence.

Question 9

Prima facie

Answer 9

In this context the phrase means ‘at first appearance.’