Firearms offences

Question 1

Discharging a firearm or doing a dangerous act with intent (1) section and elements.

Answer 1

Section 198(1) CA61

With intent to cause GBH.

a)Discharges any firearm/airgun/or other similar weapon at any person.

b)Sends or delivers to any person/or puts in any place/any explosive or injurious substance or device.

c)Sets fire to any property

Question 2

Discharging a firearm or doing a dangerous act with intent (2) section and elements.

Answer 2

Section 198(2) CA61

With intent to injure any person/With a reckless disregard for the safety of others.

a) Discharges any firearm/airgun/or other similar weapon at any person.

b)Sends or delivers to any person or puts in any place any explosive or injurious substance or device.

c)Sets fire to any property.

Question 3

Using a firearm against a law enforcement officer (1) section and elements.

Answer 3

Section 198A(1) CA61

Uses any firearm in any manner whatever.

Against any constable/any traffic officer/any prison officer.

Acting in the course of his or her duty.

Knowing that or being reckless to whether or not that that person is a Police/Prison/Traffic officer.

Question 4

Using a firearm against a law enforcement officer (2) section and elements.

Answer 4

Section 198A(2) CA61

With intent

To resist the lawful arrest or detention of himself or herself or of any other person.

Uses any firearm in any matter whatever.

Question 5

Commission of an imprisonable offence with a firearm.

Answer 5

Section 198B

a) In committing any imprisonable offence.

Uses any firearm.

b) 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 to that imprisonable offence.

Question 6

C/L Titles for firearms

Answer 6

R v Pekepo - An intention to shoot that person must be established.