Firearms

Question 1

Discharging Firearm or Doing Dangerous Act with Intent (Firearm)

Answer 1

S198(1)(a) CA61

1. With intent to do GBH
2. Discharges any: Firearm OR Airgun OR Other similar weapon
3. At any person

Question 2

Discharges Firearm or Doing Dangerous Act with Intent (Explosive)

Answer 2

S198(1)(b) Crimes Act 1961

1. With intent to do GBH
2. Sends to any person OR delivers to any person OR puts in any place
3. Any explosive or injurious substance

Question 3

Discharging Firearm or Doing Dangerous Act with Intent (injuring)

Answer 3

S198(2) CA

1. With intent to injured OR with the reckless disregard for the safety of others
2. Discharges any firearm, airgun or other similar weapon at any person OR sends or delivers to any person , or puts in any place, any explosive or injurious substance or device

Question 4

Using any Firearm Against Law Enforcement Officer (general)

Answer 4

1. Uses any firearm in any matter whatever
2. Against any Constable OR Traffic Officer OR Prison Officer
3. Acting in the course of his or her duty
4. Knowing that, or being reckless whether or not that the person is a Constable, traffic Officer, prison officer so acting

Question 5

Using Any Firearm Against Law Enforcement Officer (arrest)

Answer 5

S198A(2) Crimes Act 1961

1. Uses any firearm in any matter whatever
2. With intent to resist the lawful arrest or detention of himself, herself or of any other person

Question 6

Commission of Crime with Firearm (using it)

Answer 6

S198B(1)(a) Crimes Act 1961

1. in committing any imprisonable offence
2. Uses any firearm

Question 7

Commission of Crime with Firearm (Having it with you)

Answer 7

S198B(1)(b) Crimes Act 1961

1. While committing any imprisonable offence
2. Has any firearm with him or her
3. In circumstances that prima facie show an intent to use is in connection with that imprisonable offence

Question 8

R v Pekepo

Answer 8

A reckless discharge of a firearm in a general direction of a passer-by who happens to be hit is not sufficient. An intention to shoot that person must be established.

Question 9

Police v Parker

Answer 9

“Use in any matter whatever” includes presenting and not actually firing.

Question 10

R v Kelt

Answer 10

Having a firearm ‘with you’ requires a degree of immediate control.

Question 11

Tuli v Police

Answer 11

Prima facie circumstances are those which are sufficient to show an intent.