Discharging Firearm/Doing Dangerous Act with Intent Flashcards
Discharging a firearm with intent
Section and Penalty
Section 198(1)(a), Crimes Act 1961
14 years imprisonment
Discharging a firearm with intent
Ingredients
1) With intent to do GBH
2) Discharges any firearm, airgun or similar weapon
3) At any person
Intent
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.
Discharge
To Fire or shoot
Firearm
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
Airgun
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
R v 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.
Doing dangerous act with intent(explosive)
Section and Penalty
Section 198(1)(b) Crimes Act 1961
14 years imp
Doing dangerous act with intent (explosive)
Ingredients
With intent to do GBH
Sends or delivers to any person
or
Puts in any place
Any explosive
or
Injurious substance or device
Sends to or Delivers
The terms “send” and “deliver’’ take their ordinary meanings, and may include situations where the victim receives a dangerous thing by mail or courier
Explosive
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
Injurious Substance or Device
Of note only
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.
Completion of Offence
Of note only
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.
Mens Rea and Actus Reus
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
Person
Gender neutral - proven by judicial notice and circumstantial evidence