Firearms Offences

Question 1

Intent Defined

Answer 1

R v Mohan - Intent is the decision to bring about, in so far as it lies within the accused’s power, the commission of an offence.

Question 2

Intention to shoot

Answer 2

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.

Question 3

“To use a firearm”

Answer 3

Police v Parker - Use in any manner whatever is to contemplate a situation short of actually firing the weapon and present a rifle too, I think, is equivalent to or means the same thing.

Question 4

Intent Requirement

Answer 4

R v Waaka - A fleeting or passing thought is not sufficient; there must be a frim intent or a firm purpose to effect an act.

Question 5

Has a firearm with him or her

Answer 5

R v Kelt - Having a firearm with him requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him.

Question 6

Recklessness

Answer 6

R v Harney - Recklessness involves foresight of dangerous consequences that could well occur, together with an intention to continue with the course of conduct regardless of the risk.

Question 7

Prima Facie (use in connection with imprisonable offence

Answer 7

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.

Question 8

Grievous Bodily Harm

Answer 8

DPP v Smith - Bodily harm needs no explanation and the term grievous means no more and no less than really serious.

Question 9

Bodily Harm

Answer 9

R v Donovan - includes hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must no doubt be more than merely transitory or trifling.