Discharge
Means to fire or shoot
Section 198(1)(a)
Discharging firearm with intent
14 years imprisonment
- With intend to do GBH
- Discharges any firearm OR airgun OR other similar weapon
- At any person
Section 198(1)(b)
Discharging firearm with intent
14 years imprisonment
- With intent to do GBH
- Send to any person OR delivered to any person OR put in any place.
- Any explosive or injurious substance
Section 198(1)(c)
Doing dangerous act within intent
14 years imprisonment
- With intent to do GBH
- Set fire to any property
Section 198(2)
Discharges firearm/doing dangerous act with intent
7 years imprisonment
- With intent to injure or reckless disregard
A) discharges firearm OR airgun OR other similar weapon
B) delivers put in place any explosive
C) set fire to any property
R v Pekepo
An intention to shoot that person must be established
Recklessness doesn’t apply.
Firearm
Defined by section 2 of the arms act 1983
Force of explosion
Airgun
Defined by section 2 arms act 1983
Force of compressor air
Sets fire to
Burning
charring
melting
excessive smoke damage blistering of paint
Section 198A(1)
Using firearm against law-enforcement
14 year imprisonment
- Uses any firearm in any matter whatever.
- Against any constable OR traffic officer OR prison officer.
- Acting in course of his or her duty.
- Knowing that or being reckless whether or not that person is X or acting.
Section 198A(2)
Using any firearm against law-enforcement
7 years imprisonment
- Uses any firearm in any matter whatever
- With intent to resist the lawful arrest or detention of himself, herself or any other person.
R v Swain
To deliberately or purposefully remove a sawn off shotgun from a bag after being confronted by a police officer amounts to use of that firearm within section 198 a crimes act 1961
Police v Parker
“ use in any matter whatever”
A situation short of actually firing the weapon or presenting the rifle
Fisher v R
To establish a charge under section 198A(2), the crown must prove accused knew someone was attempting to arrest or detain him
Otherwise mens rea (resist lawful arrest) not established
Section 198B(1)(a)
Commission of crime with firearm
10 years imprisonment
- In committing any imprisonable offence
- Uses any firearm
Section 198B(1)(b)
Commission of crime with firearm
10 years imprisonment
- While committing any imprisonable offence
- Has any firearm with him or her
- In circumstances that prima facie shows an intention to use it in connection with that imprisonable offence
Prima facie
At first appearance
R v Manapouri
Two or more people can be charged in regards to a single firearm of each had appropriate degree of control over it
R v Kelt
Very close personal link and degree of immediate control over the weapon by the man alleged to have the firearm with him
Tuli v Police
Prima facie circumstances are those which are sufficient to show or establish and intent in the absence of evidence to the contrary
