DISCHARGING FIREARM

Question 1

Section, Act, Penalty

Elements

Answer 1

198(1)(a) CA 1961 - 14yrs

With intent to do GBH
Discharges any firearm, airgun or other similar weapon
At any person

Question 2

With intent to do GBH

Answer 2

In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act, and secondly an intention to get a specific result.

Harm that is really serious.

DPP Smith
Bodily harm needs no explanation and grievous means no more and no less than really serious.

Question 3

Discharge

Answer 3

Means to fire or shoot

Question 4

Firearm

Answer 4

Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and includes:

• Anything adapted; and
• Anything which is not for the time being capable of, but which, by its completion or replacement of any component, or repair of any defect would be a firearm; and
• Anything dismantled or partially dismantled; and
• Any specially dangerous airgun

Question 5

Airgun

Answer 5

Any air rifle, air pistol and and any weapon from which, by the use of gas or compressed air any shot, bullet, missile, or other projectile can be discharged.

Question 6

Reckless Discharge - Case Law

Answer 6

Pekepo
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 that person must be established