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Flashcards in Firearms Deck (15)
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1

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

2

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

3

DOING DANGEROUS ACT WITH INTENT

Section 198 (1)(c)
Crimes Act 1961
14 Years

With intent to cause GBH
Sets fire
To any property

4

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

5

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

6

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

7

COMMISSION OF CRIME WITH FIREARM

Section 198B (1)(a)
Crimes Act 1961
10 Years

In committing any imprisonable offence
Uses any firearm

8

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

9

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.

10

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.

11

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.

12

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.

13

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.

14

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.

15

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.