Commission of a imprisonable offence with a firearm Flashcards

1
Q

what is the act, section and penalty for commission of an imprisonable offence with a firearm

A

S198B(1)(a) CA61

10yrs

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2
Q

What are the 2 elements?

A

1- In committing any imprisonable offence

2- Uses any firearm

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3
Q

Explain imprisonable offence

A

Must be in the commission of a imprisonable offence

S5 - CPA 11
- Imprisonable offence means an offence punishable by a term of imprisonment or life imprison

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4
Q

Explain uses and firearm

A

Uses
- Includes firing or presenting a firearm or displaying it in a menacing manner but does not include using it as a club

Firearm - S2 Arms Act 83
a- Includes anything from which any shot, bullet, missile or other propjectile can be discharged by force of explosive and
b - includes anything that has been adapted so that it can be used to discharge any of the above.

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