FIREARMS - Case Law Flashcards Preview

Ace Pre Req > FIREARMS - Case Law > Flashcards

Flashcards in FIREARMS - Case Law Deck (7)
Loading flashcards...
1
Q

DPP V SMITH - GBH

A

DPP V SMITH ‘Bodily harm’ needs no explanation, ‘grievous’ means no more and no less than ‘really serious’.

2
Q

R v PEKEPO - A reckless discharge

A

R v PEKEPO

  • 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.
3
Q

R V DONOVAN - Bodily harm

A

R V DONOVAN

  • Bodily harm includes any hurt or injury that interferes with the health or comfort of the victim.
  • It need not be permanent
  • But must be more than merely transitory or trifling.
4
Q

R V HARNEY - Recklessness

A

R V HARNEY Recklessness involves foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.

5
Q

POLICE v PARKER - Use in any manner whatever

A

POLICE v PARKER Uses in any manner is short of actually firing the weapon and to present a rifle means the same thing.

6
Q

R V KELT - immediate control

A

R V KELT

  • Having a firearm with him requires a very close physical link; and
  • A degree of immediate control over the weapon.
7
Q

TULI V POLICE - Prima facie circumstances

A

TULI V POLICE

Prima facie circumstances

  • Are to show or establish intent
  • In the absence of evidence to the contrary.