Firearms Flashcards
(15 cards)
Firearm offences
CA61 s198(1)(a)
Discharging FA or doing dangerous act with intent
With intent to to do GBH
DISCHARGES any
FA
Airgun
Other similar weapon
At any person
Discharging FA or doing dangerous act with intent
CA61 s198 (1) (b)
With intent to to do GBH
SENDS to any person or
DELIVERS to any person or
PUTS in place in any place
Any explosive or injurious substance
Device has to be working. Not fake or faulty for this offence.
Using any FA against Police Officer
CA61 s198A (1)
Uses any FA in ANY MANNER whatsoever
Against any
Constable
Traffic officer
Prison officer
Acting in the course of their duty or
Knowing or being reckless etc
Using any FA against Police Officer
CA61 s198A (2)
Uses ANY FA in any manner whatsoever
With in intent to RESIST arrest or detention of themself or another person.
Commission of Crime with FA
CA61 s198B (1)(b)
In committing any imprisonable offence
Uses a FA (incudes presents)
Commission of Crime with FA
CA61 s198 B (1) (b)
While committing any imprisonable offence
HAS any firearm with him/her
In circumstances that prima facie show an intention to use it in CONNECTION with that same offence.
Men’s Rea for a charge under s198
Intent to do GBH
Intent to injure
Reckless disregard for the safety of others
R v Pekepo
A reckless discharge of a FA 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.
R v Donovan
Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim or it need not be permanent but must be more than transitory or trifling.
Actus Reus for a charge under s198
Discharging FA
Delivering an explosive
Setting fire to property
DPP v Smith
Bodily harm needs no explanation and grievous means no more or no less than really serious.
Cameron v R
Recklessness is established if
The defendant recognises that there was a real possibility that;
They actions would bring about a proscribed result and/or
That proscribed circumstances existed and having that regard to that risk those actions were unreasonable.
R v Parker
Use in any manner whatsoever, is to contemplate a situation short of actually firing the weapon and to present a rifle too.
R v Kelt
Having a FA with him requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the FA.
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.
