Violence- Firearms Flashcards
(21 cards)
Discharging firearm or doing dangerous act with intent, section 198(1) (a)elements?
Section 198(1)(a)
-With intent to do GBH
-Discharges any firearm,airgun or other similar weapon
-At any person
Firearm- definition
Anything from which any shot,bullet,missile or other projectile can be discharged by force of explosive
Section 198(1)(b) elements?
Doing dangerous act with Intent
-With intent to do GBH
-Sends or delivers to any person or puts in any place
-any explosive, or injurious substance or device
Section 198(2) CA1961, elements?
-With intent to injure or with reckless disregard for the safety of other
-does any of the acts referred to in subsection (1)
Difference in Intent between 198(1) and 198(2)?
1) Intent to do GBH
2) Intent to Injure or reckless disregard
Discharge case law?
R v Pekepo
A reckless discharge in the direction of a passer by, who happens to be hit, is not sufficient proof of Intent.
Discharge meaning?
To fire or shoot
Explosive defined?
Any substance or mixture capable of decomposition to result in an explosion or pyrotechnic effect,excluding fireworks.
When is the offence complete under Section 198(1)(b)
When an explosive or injurious substance or device is sent,delivered or put in any place; however the substance must have the capacity to explode or cause injury.
Property defined?
Any real and personal property
Using any firearm against law enforcement officer, section/elements?
Section 198A(1)CA1961
-Use any firearm in any manner whatever against any
-constable or traffic officer or prison officer
-Acting in the course of his or her duty
-knowing that, or being reckless wether or not
-That person is a member of the police,or a traffic officer or a prison officer so acting
Any manner case law?
R v Swain
Purposefully removing a shotgun from a bag after being called on by a constable, amounts to use of that firearm.
Acting in the course of duty, meaning?
Actions must be lawful, including detecting crime,apprehending offenders, protecting life etc typically on duty but can include off duty in circumstances where there is a professional obligation to exercise police duties.
Simester and brookbanks?
Knowing or correctly believing.
Fisher v R?
Crown to prove the accused knew someone was trying to arrest or detain them.
Section 198A(2)CA 1961?
-Use any firearm in any manner whatever
-With intent to resist
-The lawful arrest or detention of himself or herself or of any other person.
Section 198B,CA1961 offence/elements?
Commission of an imprisonable offence with firearm
(1)(a) in committing any imprisonable offence uses any firearm or
(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 with the imprisonable offence.
Difference in ‘Uses’ section 198A and 198B?
198A- Use in any manner whatever
(Can be used as a club)
198B- Use any firearm
(narrower meaning to include firing, presenting or displaying menacingly)
R v Manapouri?
Two people can be charged with possession of a firearm if they both have an appropriate degree of control over it.
Features of a semi automatic firearm?
-folding or telescopic butt
-magazine that can hold 15 .22 cartridges or detachable and by appearance indicates it can hold 15
-magazine other than for .22 that can hold 7 or is detachable and by appearance indicates it can hold 10
-bayonet lugs
-flash suppressor
-pistol grip
Weapons declared restricted weapons?
-Anti tank projectiles
-grenades
-Molotov cocktail
-full automatic firearms
-mines
-mortars
-rocket launchers
-anything designed to discharge gas
