Firearms Flashcards
Discharging firearm or doing dangerous act with intent S198(1)(a)
- With intent to do GBH
- Discharges any firearm or airgun or other similar weapon
- At any person
Discharging forearm or doing dangerous act with intent
S198 (1)(b)
- With intent to do GBH sends to any person or delivers to any person or puts in any place
- Any explosive or injurious substance
Using a firearm against law enforcement officer S198(1)
IMPORTANT
- Uses any firearm in any manner whatever
- Against any constable or traffic officer or 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
Using a firearm against a law enforcement officer S198a(2)
IMPORTANT
- Uses any forearm in any manner, whatever
- With intent to resist the lawful arrest or detention of himself, herself, or any other person
Firearm
Anything which any shot, bullet, missile, projectile can be discharged by force of explosive, including anything capable of being one, any dismantled firearm, anything specifically dangerous air gun
Airgun
Air rifle, pistol, or gas or compressed air to discharge
Intention is
Intention to commit the act and to get the specific result/deliberate act
Discharge
Means to fire or shoot
R V PEKEPO
A reckless discharge of a firearm in general direction of a passer by who happens to be hit is not sufficient proof. An intention to shoot that person must be established
Explosive
Substance/ mixture ect. Which in normal state can decompose/explode or produce a pyrotechnic effect in, gunpowder, nitroglycerin, dynamite, flares, rockets ect
Injurious substance or device
Things capable of causing harm, eg, anthrax
Offence completed whrn sent
But substance needs to be capable of causing injury (not fake)
R V KELT
Very close physical link/degree of immediate control of firearm - has firearm with him…
