Commission of an Imprisonable Offence with a Firearm Flashcards
Commission of an imprisonable offence with a firearm
Section 198B(1)(a) CA61
10 years imprisonment
- In committing any imprisonable offence
- uses any firearms.
Commission of an imprisonable offence with a firearm
Ingredients
- In committing any imprisonable offence
- Uses any firearm
Define ‘any imprisonable offence’
AN OFFENCE PUNISHABLE BY A TERM OF IMPRISONMENT
Must be in the commission of an imprisonable offence
Section 5, Criminal Procedure Act 2011
In the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment
Define ‘uses’
Has a narrower meaning than 198A and 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.
Police v PARKER
Use in any manner whatever’ is to contemplate a situation short of actually firing the weapon and to present a rifle too, I think, is equivalent to or means the same thing …
Commission of an offence with a FA, S198B(1)(b) CA61- 10y
(1) Everyone is liable to imprisonment for a term not exceeding 10 years who,
(b) While committing any imprisonable offence,
has any firearm with him or her in circumstances that prima facie to show an intention to use it in connection with that imprisonable offence.
Define ‘has with him’
refer to COX possession.
Not only had possession in the sense that he or she knowingly had custody or control of the firearm, but also that it was at the time available and at hand for him or her to use while committing the imprisonable offence.
