Discharging Firearm/Doing Dangerous Act with Intent Flashcards

1
Q

Discharging a firearm with intent

Section and Penalty

A

Section 198(1)(a), Crimes Act 1961

14 years imprisonment

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2
Q

Discharging a firearm with intent

Ingredients

A

1) With intent to do GBH
2) Discharges any firearm, airgun or similar weapon
3) At any person

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3
Q

Intent

A

Intent - 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.

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4
Q

Discharge

A

To Fire or shoot

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5
Q

Firearm

A

Sec 2 Arms Act 1983

Firearm

a) Means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and
b) Includes
i) Anything that has been adapted; and
ii) 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
iii) Anything dismantled or partially dismantled; and
iv) Any specially dangerous airgun

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6
Q

Airgun

A

Sec 2 Arms Act 1983

Airgun Includes -

a) Any air rifle; and
b) Any air pistol; and
c) 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

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7
Q

R v Pekepo

A

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.

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8
Q

Doing dangerous act with intent(explosive)

Section and Penalty

A

Section 198(1)(b) Crimes Act 1961

14 years imp

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9
Q

Doing dangerous act with intent (explosive)

Ingredients

A

With intent to do GBH

Sends or delivers to any person
or
Puts in any place

Any explosive
or
Injurious substance or device

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10
Q

Sends to or Delivers

A

The terms “send” and “deliver’’ take their ordinary meanings, and may include situations where the victim receives a dangerous thing by mail or courier

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11
Q

Explosive

A

Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect,Includes: gun powder, gelignite, detonators

Does Not Include: Firearms, fireworks

Sec.2, Arms Act 1983

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12
Q

Injurious Substance or Device

Of note only

A

The term “injurious substance or device” covers a range of things capable of causing harm to a person; for example a letter containing Anthrax powder that is mailed to a political target.

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13
Q

Completion of Offence

Of note only

A

Although offences under section 198{1)(a) require the actual discharge of a firearm at a person, under section 198(1 )(b) it is not necessary for an explosion to occur; the offence is complete when an explosive or an injurious substance or device is sent, delivered, or put in place. However, the substance must have the capacity to explode or cause injury.

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14
Q

Mens Rea and Actus Reus

A

Men Rea

  • Intent to do GBH
  • Intent to injure
  • Reckless disregard for the safety of others

Actus Reus

  • Discharging a firearm at a person
  • Delivering explosives
  • Setting fire to property
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15
Q

Person

A

Gender neutral - proven by judicial notice and circumstantial evidence

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16
Q

Doing dangerous act with intent (fire)

Section and ingredients

A

198(1)(c)

  1. With intent to do GBH
  2. Sets fire
  3. To any property
17
Q

Property

A

Property includes any real or personal property an any estate or interest in any real or personal property, money, electricity and any debt and anything in action and any other right or interest.

18
Q

Sets fire

A

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat

Will often involve burning or charring, it is not necessary that thee property that the property is actually set alight, melting, blistering of paint or significant smoke damage may be sufficient.

19
Q

Discharging a firearm with intent liability

A
With intent to do GBH
- Intent
- GBH meaning
- DPP v SMith
Discharges any firearm, air gun or similar weapon
- Discharge meaning
- Firearm meaning
- Airgun meaning
At any person
- R v Pekepo
- Person meaning
20
Q

Doing dangerous act with intent liability (explosive)

A
With intent to GBH
- Intent
- GBH meaning
- DPP v Smith
Sends or delivers to any person
- Sends or delivers meaning
- Person meaning
OR puts in any place
- Meaning
Any explosive
- Explosive meaning
OR injurious substance or device
- meaning
- completion of offence
21
Q

Doing dangerous act with intent liability (fire)

A
With intent to GBH
- intent
- GBH meaning
- DPP v Smith
Sets fire
- fire meaning
To any property
- property meaning
22
Q

GBH

A

GBH can be defined as harm that is really serious.

DPP vs Smith - Previous means no more or no less that really serious

23
Q

Doing a dangerous act with intent to injure

Section, penalty, ingredients

A

1998(2) 7yrs

With intent to injure or with reckless disregard for the safety of others,

  • discharges any firearm, airgun, or other similar. Weapon at any person
  • sends or delivers to any person, or puts in any place, any explosive or injurious substance or device
  • sets fire to any property
24
Q

Injury

A

To injure means to cause actual bodily harm.

25
Q

R v Donovan

A

Bodily harm includes any hurt or injury calculated to interefere with the health and comfort of the victim, it need not be permanent, but must, not dout, be more than merely transitory and trifling