Firearms Flashcards
DISCHARGES A FIREARM WITH INTENT TO GBH
Section 198 (1)(a)
Crimes Act 1961
14 Years
With intent to do GBH Discharges any Firearm OR Airgun OR Similar Weapon At any person
DOING DANGEROUS ACT WITH INTENT
Section 198 (1)(b)
Crimes Act 1961
14 Years
With intent to cause GBH Sends or delivers to any person OR puts in any place Any explosive OR Injurious substance or device
DOING DANGEROUS ACT WITH INTENT
Section 198 (1)(c)
Crimes Act 1961
14 Years
With intent to cause GBH
Sets fire
To any property
DISCHARGES FIREARM WITH INTENT TO INJURE
Section 198 (2)(a)
Crimes Act 1961
7 Years
With intent to injure any person OR With reckless disregard for the safety of others Discharges any Firearm OR Airgun OR Similar Weapon At any person
USES FIREARM AGAINST LAW ENFORCEMENT OFFICER
Section 198A (1)
Crimes Act 1961
14 Years
Uses any firearm in any manner whatever
Against any Constable, acting in the course of his or her duty
Knowing that the person is a Constable so acting
OR
Being reckless to whether or not that person is a Constable so acting
USES FIREARM WITH INTENT TO RESIST
Section 198A (2)
Crimes Act 1961
10 Years
Uses any firearm in any manner whatever
With intent to resist lawful arrest
OR
Detention of himself or Any other person
COMMISSION OF CRIME WITH FIREARM
Section 198B (1)(a)
Crimes Act 1961
10 Years
In committing any imprisonable offence
Uses any firearm
COMMISSION OF CRIME WITH FIREARM
Section 198B (1)(b)
Crimes Act 1961
10 Years
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
Intent to GBH/Injure any person
GBH - Harm that is really serious
Injure - To injure means to cause actual bodily harm.
R V DONOVAN
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 be more than merely transitory or trifling.
R V CHAN FOOK
The phrase actual bodily harm is capable of including a recognised psychiatric illness/injury.
At any person - R V PEKEPO
A reckless discharge of a firearm in the general direction of a passerby who happens to be hit is not sufficient proof. An intention to shoot that person must be established.
Define Firearm and Airgun as per Section 2 of the Arms Act 1983.
Firearm - Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive. Includes:
- Anything capable of doing so by adaption, completion, replacement of parts or repair of defect.
- Any dismantled firearm
- Any specially dangerous arigun
Airgun - Includes: Any air rifle, air pistol and any weapon from which, by the use of gas or compressed air, any shot, bullet, missile, or other projectile can be discharged.
Define ‘Explosive and Injurious Substance’ as er Section 2 of the Arms Act 1983.
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 of or producing a pyrotechnic effect.
Injurious Substance - 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 means what?
Under section 198 (1)(b) it is not necessary for an explosion to occur, the offence is complete when an explosive or injurious substance or device is sent, delivered, put in place. However, the injurious substance must have the capacity to explode or cause injury.
How is ‘Recklessness’ established?
A conscious and deliberate taking of an unjustifiable risk.
R V HARNEY
Recklessness involves a foresight of dangerous consequences that could well happen together with an intention to continue the course or conduct regardless of the risk.
What is ‘Used in whatever manner’?
The primary meaning of ‘use’ in relation to a firearm is to fire it.
POLICE V PARKER
Use in any manner whatever is to contemplate a situation short of actually firing the weapon and to present a rifle is equivalent to or means the same thing.
R V SWAIN
To use in any manner includes taking the firearm from a bag the offender has with him.
198B (1)(a) - ‘Uses’ has a narrowing meaning than 198A and includes firing or presenting a firearm, or displaying it in a menacing manner, but may not extend to the use of a firearm as a club.
How is ‘Prima Facie’ Established?
Prima Facie - At first appearance.
Circumstances - mere possession is not sufficient. Must be accompanying circumstances showing a prima facie intention to use the firearm in the commission of a crime.
TULI V POLICE
Prima Facie circumstances are those which are sufficient to show or establish intent in the absence of evidence to the contrary.
