Discharging Firearm in or Near a Dwelling House OR Public Place Flashcards

0
Q

What are the ingredients for Discharging firearm in or near a dwelling house or public place OR Discharging an airgun in or near a dwelling house or public place OR Discharging a pistol in or near a dwelling house or public place OR Discharging a restricted weapon in or near a dwelling house or public place

A

WITHOUT REASONABLE CAUSE

DISCHARGES

A FIREARM

OR

AIRGUN

OR

PISTOL

OR

RESTRICTED WEAPON

IN OR NEAR A DWELLING HOUSE

OR

IN OR NEAR A PUBLIC PLACE

SO AS TO ENDANGER PROPERTY

OR

SO AS TO ENDANGER ANY PERSON

OR SO AS TO ANNOY ANY PERSON

OR

SO AS TO FRIGHTEN ANY PERSON

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1
Q

Discharging A Firearm In Or Near A Dwelling House Or Public place

A

WITHOUT REASONABLE CAUSE

  • no genuine or reasons label excuse
  • depending on the circumstances

DISCHARGES
- fires, or releases or lets go

A FIREARM
- anything from which a shot, bullet or other projectile can be discharged by force of explosive

OR

AIRGUN
- anything which is capable of discharging projectiles by the use of gas of compressed air

OR

PISTOL
- any firearm designed or adapted to be held and fired with one hand and includes any firearm under 762mm long

OR

RESTRICTED WEAPON
- any weapon declared as a restricted weapon by the Governor General e.g. Molotov Cocktails

IN OR NEAR A DWELLING HOUSE
- inside or in the near vicinity of a residence or place of abode

OR

IN OR NEAR A PUBLIC PLACE

  • in or near a place that at any material time is open to or is being used by the public
  • whether free or on payment of charge
  • and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place
  • and includes any aircraft, hovercraft, ship or ferry or other vessel
  • train or vehicle carrying or available to carry passengers for reward
  • also includes the interior of any vehicle that is in a public place

SO AS TO ENDANGER PROPERTY
- to put the property of another at risk of damage

OR

SO AS TO ENDANGER ANY PERSON
- to put the person at risk of injury
OR

SO AS TO ANNOY ANY PERSON
- to distress a person

OR

SO AS TO FRIGHTEN ANY PERSON
- to scare a person

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3
Q

What is the penalty for Discharging a firearm in or near a dwelling house OR public place

A

3 months imprisionment

$3000 fine

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4
Q

What is the act and the section for Discharging firearm in or near a dwelling house OR public place

A

Arms Act 1983

s48(a) OR s48(b)

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