Discharging Firearm or Doing a dangerous act with intent?
Section & Penalty?
Crimes Act 1961, Section 198(1)(a)-(c)
14 years
Crimes Act 1961 Section 198(1)(a)
Discharging firearm or doing dangerous act with intent
- With intent to do GBH
- Discharges any Firearm, Airgun or other similar weapon
- At any person
Crimes Act 1961 Section 198(1)(b)
Discharging firearm or doing dangerous act with intent
- With intent to do GBH
- Sends to any person or delivers to any person or puts in any place
- Any explosive or injurious substance
Using any Firearm against a law enforcement officer
& Penalty
Crimes Act 1961, Section 198A(1) -Acting in course of duty
Crimes Act 1961, Section 198A(2) - resist arrest or detention
14 years
Crimes Act 1961 Section 198A(1)
Using any firearm against law enforcement officer.
- Uses any firearm in any manner whatever
- against any Constable, Traffic Officer or prison officer
- Acting in the course of his or her duty
- Knowing that or being reckless in whether or not that the person is a constable, traffic officer or prison officer so acting
Crimes Act 1961 Section 198A(2)
Using any firearm against law enforcement officer
- Uses any firearm in any manner whatever
- With intent to resist the lawful arrest or detention of himself, or herself or any other person
Commission of crime with firearm?
& Penalty?
Crimes Act 1961 Section 198B(1)(a) - Committing/Uses
Section 198B(1)(b) - has firearm/Prima facie
10 years
Crimes Act 1961 Section 198B(1)(a)
Commission of crime with firearm
- In committing any imprisonable offence
- Uses any firearm
Crimes Act 1961 Section 198B(1)(b)
Commission of crime with firearm
- 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 that imprisonable offence
Firearm - Section 2 Arms Act 1983
firearm—
(a) means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
(b) includes—
(i) anything that has been adapted and
(ii) anything which is not for the time being capable of and
(iii) anything which is for the time being dismantled or partially dismantled; and
(iv) any specially dangerous airgun
Airgun - Section 2 Arms Act 1983
airgun includes—
(a) any air rifle; and
(b) any air pistol; and
(c) any weapon from which, by the use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged
Intent - R v Collister
Defendants intent inferred from the circumstances.
- Actions and words, before, during and after the event
- surrounding circumstances
- nature of the act itself
Intent in relation to 198(1)(a)
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.
Section 198
3x Mens Rea
Intention to do GBH
Intention to Injure
Reckless disregard for the safety of others
Section 198
3x Actus Reus
Discharging a firearm at a person
Delivering Explosive / injuring substance
setting fire to property
Police v Parker
Use in any manner whatever
is to contemplate a situation short of actually firing the weapon and to present a rifle too, I think, is equivalent to or means the same thing.
Imprisonable Offence
Section 5, Criminal Procedures Act 2011
in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment
R v Kelt - 198B
Having a firearm ‘with him’ requires ‘a very close link and a 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 an intent in the absence of evidence to the contrary.
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.
