Information about the Firearm (or ammunition)
- The Firearm must meet the legal definition of firearm in Section 2
- The Firearm (or ammunition) should be sent to be classified by an expert
- The Firearm was in the Possession of the Accused
Intent (Actions of the accused)
- This offence does not require specific intent – The facts should be clear that the firearm was pointed (directly as opposed to waving it around) at another person (not an animal or object)
- Level of impairment – often suggested at trial to negate intent
Lawful Excuse
- Could the accused argue self defence (Section 34) or defence of property (Section 35)
Related Links:
Statutory wording for pointing a firearm
Self Defence Issues in Plain English