ELEMENTS: Discharging firearm or doing dangerous act with intent - Firearm
FIREARMS
CA61 Section?
CA61 S198(1)(a)
with intent to d GBH
Discharges any firearm/airgun/other similar weapon
at any person
ELEMENTS: Discharging firearm or doing dangerous act with intent
Explosive
FIREARMS
CA61 section?
(b)omb
CA61 S198(1)(b)
with intent to do GBH
sends/delivers to any person/places in any place
any explosive or injurious substance
- anthrax
- dynamite
- bowl of acid
- man trap
ELEMENTS: using any firearm against law enforcement officer etc.
CA61 section?
FIREARMS
CA61 section?
A!!!n officer
CA61 S198A(1)
-uses any firearm in any manner whatever
-against any constable/traffic officer/prison officer
-Acting in the course of his or her duty
-Knowing that, or being reckless whether or not that person is a constable, traffic officer, prison office so acting
ELEMENTS: 198A(2)
FIREARMS
CA61 section?
Using any firearm against any law enforcement officer etc.
Uses any firearm in any manner whatever
with intent to resist lawful arrest or detention of himself, herself or any other person
DEFINITION: any manner whatever - explain circumstances
FIREARMS
CA61 section?
Firearm could be used as a club, or presented, or used as a threat
DEFINITION: sends
FIREARMS
CA61
sends to another person - posting
DEFINITION: delivers
FIREARMS
CA61
Delivers to another person - by hand etc.
DEFINITION: puts in any place
FIREARMS
CA61
puts somewhere
eg. placing a mantrap somewhere for a person to fall into
ELEMENTS: Commission of a crime with a firearm - uses
FIREARMS
CA61 section?
S198B(1)(a)
In committing any imprisonable offence
uses any firearm
DEFINITION: uses any firearm
FIREARMS
CA61
Narrower definition - uses in the way the firearm was intended - discharges or presents
ELEMENTS: Commission of a crime with a firearm - has with
FIREARMS
CA61 section?
S198B(1)(b)
While committing any imprisonable offence
has any firearm with him or her
in circumstances prima facie show an intention to use it in connection with that imprisonable offence
DEFINITION: firearm
FIREARMS
CA61
Anything from which any shot, bullet, missile or other projectile can be discharged
Any dismantled firearm, r partially dismantled firearm
Any specially dangerous airgun
DEFINITION: airgun
FIREARMS
CA61
Air rifle, air pistol, weapon from which compressed air or gas fires any shot, bullet, missile, projectile
OFFENCE: 198(1)(a)
FIREARMS
CA61
Discharges firearm at any person
OFFENCE: 198(1)(b)
FIREARMS
CA61
Delivers explosive
OFFENCE: 198A(1)
FIREARMS
CA61
uses firearm against officer duty
OFFENCE: 198B(1)(a)
FIREARMS
CA61
uses firearm in commission of crime
OFFENCE: 198B(1)(b)
FIREARMS
CA61
has with firearm in commission of crime
OFFENCE: 198A(2)
FIREARMS
CA61
Uses against officer to resist arrest
CASELAW: GBH
FIREARMS
CA61
DDP v SMITH - nothing more, nothing less than really serious harm
DEFINITION: Explosive
FIREARMS
CA61
Any substance, preparation or mixture, capable of rapidly degrading so as to result in an explosion or pyrotechnic effect
CASELAW: R v PEKEPO
FIREARMS
CA61
PEKO was reckless but did not intend to hit the passerby, intention to shoot must be proved
DEFINITION: injurious substance?
FIREARMS
CA61
anthrax
acid
mantrap
CASELAW: Police v PARKER
FIREARMS
CA61
Peter PARKER contemplated shooting
“uses in any manner whatsoever” is to contemplate a situation short of actually firing, presenting a rifle is the same thing
