Day 10: Firearms

Question 1

Using any firearm against law enforcement officer (1):

Answer 1

Section 198A (1) Crimes Act

• 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 the person is a Constable, Traffic Officer, Prison Officer so acting

Question 2

Using any firearm against law enforcement officer (2):

Answer 2

Section 198A (2) CA:

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

Question 3

Commission of a crime with firearm (a):

Answer 3

Section 198B (1) (a)

• In committing any imprisonable offence
• Uses any firearm

Question 4

Commission of a crime with firearm (b):

Answer 4

Section 198B(1) (b)

• While committing any imprisonable offence
• Has any firearm with him or her
• In circumstances that prima facie show a intention to use it in connection with that imprisonable offence

Question 5

Section 198A (1):

Answer 5

Uses any firearm against law enforcement officer

(course of duty)

Question 6

Section 198A (2):

Answer 6

Uses any firearm against law enforcement officer

(intent to resist)

Question 7

Section 198B (1) (a):

Answer 7

Commission of a crime with firearm

(uses)

Question 8

Section 198B (1) (b):

Answer 8

Commission of a crime with firearm

(intent)

Question 9

Definition of firearm:

Answer 9

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

Question 10

Definition of airgun:

Answer 10

• any air rifle
• air pistol
• any weapon from which, by the use of gas or compressed air (and not by force of explosive) any shot, bullet, missile or other projectile can be discharged.

Question 11

Discharge:

Answer 11

Mean to fire or shoot

Question 12

R v Pekepo

Answer 12

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot must be established
Section 198(1)(a)

Question 13

Explosive:

Answer 13

Substance/mixture which in normal state can explode or produce pyrotechnic effect (gun powder, dynamite, flares)

Question 14

Injurious substance or device:

Answer 14

Things capable of causing harm i.e. anthrax

Offence complete when sent but substance needs to be capable of causing injury (not fake)

Question 15

R v Kelt

Answer 15

Very close physical link/degree of immediate control of firearm

Question 16

Define ‘uses in any matter whatever’:

Answer 16

Possession alone does not constitute ‘use’ but handling or manipulating in a manner that conveys implied threat may suffice.

Not necessary that the firearm was presented or discharged.

Question 17

Police v Parker:

Answer 17

“use in any manner whatever” is to contemplate a situation short of actually firing the weapon and to present a rifle too, is equivalent to or means the same thing.