Firearms Flashcards
(22 cards)
s198(1)(a) CA61
Discharging firearm
With intent to do GBH
Discharges any:
- Firearm
- Airgun
- Other similar weapon
At any person
14 years
s198(1)(b) CA61
Doing dangerous act with intent
With intent to do GBH
- sends to any person, or
- delivers to any person, or
- puts in any place
Any explosive or injurious substance
14 years
s198A(1) CA61
Using any firearm against law enforcement officer
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 person is a constable, traffic officer, prison officer so acting
14 years
s198A(2) CA61
Using any firearm against law enforcement officer
Uses any firearm in any manner whatever
With intent to resist the lawful arrest or detention of himself, herself, or any other person
7 years
s198B(1)(a) CA61
Commission of crime with firearm
In committing any imprisonable offence
Uses any firearm
10 years
s198B(1)(b) CA61
Commission of crime with firearm
While committing any imprisonable offence
Has any firearm with him or her
In circumstances that prima facie show an intention to use it in connection with that imprisonable offence
10 years
Definition of firearm
Means anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive; and
Includes
- anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive; and
- anything which is not for the time being capable of discharging any shot, bullet, missile or other projectile but which, by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects, would be a firearm within the meaning of the above; and
- anything which is for the time being dismantled or partially dismantled; and
- any specially dangerous airgun
Definition of airgun
Airgun includes
- any air rifle
- any air pistol
- any weapon from which, by the use of gas or compressed air (and not by the force of explosive) any shot, bullet, missile or other projectile can be discharged
Definition of intent
Deliberate act to achieve a specific result.
Case law - intent
R v Collister
Circumstantial evidence from which an offender’s intent may be inferred can include:
- the offender’s actions and words before, during and after the event
- the surrounding circumstances
- the nature of the act itself
Case law - GBH
DPP v Smith
Bodily harm needs no explanation and grievous means no more and no less than really serious
Definition of discharge
To fire or shoot
Case law - intention to shoot
R v Pekepo (peek a boo)
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.
Definition of explosive
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect
Injurious substance or device - when is the offence complete
Complete when an explosive or an injurious substance is sent, delivered or put in place.
The substance must have the capacity to explode or cause injury.
Not necessary for an explosion to occur.
Definition of property
Real and personal property, and includes any estate or interest in any real or personal property, money, debt, electricity and anything in action, and any other right or interest
Definition of injure
To cause actual bodily harm
Case law - bodily harm
R v Mcarthur
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must, no doubt, be more than merely transitory or trifling
Case law - reckless
Cameron v R
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
-his or her actions would bring about the proscribed result, and/or
-that the proscribed circumstances existed; and
Having regard to that risk those actions were unreasonable.
Case law - use in any manner whatever
Police v Parker
“Use in any manner whatever” is to contemplate a situation short of actually firing the weapon and to present a rifle too, I think, is equivalent to or means the same thing
Case law - having a firearm with him or her
R v Kelt
Having a firearm “with him” requires “a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him”
Case law - prima facie
Tuli v Police
Prima facie circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary
