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Chapter 51: Firearms and Ammunition Act

Table Of Contents  

[51.0] Introduction

This chapter will examine the following offences under the Firearms & Ammunitions Act (Ch. 80): 

·                     'Manufacture Of Firearms & Ammunition', as provided for by section 4; 

·                     'Purchasing, Acquiring & Possession Firearm Or Ammunition Without License', as provided for by section 5; 

·                     'Prohibition Of Arms In Certain Areas', as provided for by section 25; 

·                     'Importation Of Firearms & Ammunition', as provided for by section 15; 

·                     'Importation, Manufacture Or Sale Of Imitation Firearms', as provided for by section 40B; 

·                     'Going Armed With Imitation Firearm', as provided for by section 40A; 

·                     'Carrying Firearm While Drunk Or Disorderly', as provided for by section 41; 

·                     'Threatening Violence With Firearm', as provided for by section 42; and 

·                     'Discharging Firearm In Public Place', as provided for by section 44.

For the purpose of consistency the offences under the Firearms & Ammunitions Act (Ch. 80) should be interpreted  

'in accordance with the Interpretation and General Provisions Act and the principles of legal interpretation obtaining in England, and expressions used in it shall be presumed, so far as is consistent with their context, and except as may be otherwise expressly provided, to be used with the meaning attaching to them in English criminal law and shall be construed in accordance therewith', see section 3 of the Penal Code (Ch. 26).

See: Firearms Act 1968 (UK). 

The jurisdiction of the Courts in respect of offences under the Firearms & Ammunition Act (Ch. 80) is examined commencing on page 14.

[51.1] Manufacture Of Firearms & Ammunition

[51.1.1] Offence 

Section 4 of the Firearms & Ammunition Act (Ch. 80) states (in part): 

'(1) No person shall manufacture any firearm or ammunition except at an arsenal established with the written approval of the Minister and in accordance with such conditions as the Minister may from time to time specify in writing. 

(3) If any person contravenes the provisions of subsection (1), he shall be guilty of an offence […].'

[51.1.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] did manufacture [a firearm or ammunition] [not at an arsenal established with the written approval of the Minister namely [specify the name of the Minister] and/or in accordance with such conditions as the said Minister specified in writing.'

[51.1.3] Elements 

A. Defendant 

B. Place 

C. Date 

D. Manufacture 

E.         [i] Firearm; or 

[ii] Ammunition 

F.         [i] Not At An Arsenal Established With The Written Approval Of The Minister; and/or 

[ii] In Accordance With Such Conditions As The Said Minister Specified In Writing

[51.1.4] Manufacture 

Section 4(2) of the Firearms & Ammunition Act (Ch. 80) states: 

'In this section, the word "manufacture", in relation to firearms, does not include the repair of firearms, the conversion into a firearm of anything which has the appearance of a firearm but is so constructed as to be capable of discharging any missile through the barrel thereof, or the alteration, substitution or replacement of any component part of a firearm'. (emphasis added)

[51.1.5] Firearm 

The term 'Firearm' is defined in section 2 of the Firearms & Ammunition Act (Ch. 80) as meaning: 

'any lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged, or which can be adapted for the discharge of any such shot, bullet or other missile, and any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing dangerous to persons, and includes any component part of any such weapon, and any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon, but does not include an air gun, air rifle or air pistol except where otherwise expressly provided, nor articles designed or adapted solely to discharge spears for spearing fish'. (emphasis added) 

The prosecution must prove 'beyond reasonable doubt' that the 'weapon' is capable of discharging a shot, bullet, missile or noxious liquid in order to prove that the 'weapon' is a 'firearm' within the meaning of section 2 of the Firearms & Ammunition Act (Ch. 80).

[51.1.6] Ammunition 

The term 'Ammunition' is defined in section 2 of the Firearms & Ammunition Act (Ch. 80) as meaning: 

'ammunition for any firearm as hereinafter defined and includes bullets, cartridges, shells or anything designed or adapted for or capable of use with any firearm, and any ammunition containing or designed or adapted to contain any noxious liquid, gas or other thing but does not include spears discharged from a firearm solely for the purpose of killing fish nor ammunition in Solomon Islands by any armed forces abandoned during the Second World War or thereafter in consequence of that war'. (emphasis added)

[51.1.8] Sentencing 

Section 4(3) of the Firearms & Ammunition Act (Ch. 80) provides that if a defendant is found guilty of an offence against that section, he/she is 'liable to a fine of five thousand dollars or to imprisonment for ten years or to both such fine and such imprisonment'. 

Such firearms and ammunition are liable to forfeiture by a court, see section 37 of that Act. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[51.2] Purchasing, Acquiring & Possession Firearm Or Ammunition Without License

[51.2.1] Offences 

Section 5 of the Firearms & Ammunition Act (Ch. 80) states (in part): 

'(1) Subject to the provisions of this Act, no person shall purchase, acquire or have in his possession any firearm or ammunition unless he holds a firearm license in force at the time. 

(2) If any person -- 

(a) purchases, acquires or has in his possession any firearm or ammunition without holding a firearm license in force at the time […] 

(b) […] he shall, subject to the provisions of this Act, be guilty of an offence and liable […].'

[51.2.2] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [purchase, acquire or have in (his/her) possession] 

a [firearm or ammunition] without being the holder of a current firearm licence.'

[51.2.3] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Purchase; 

[ii] Acquire; or 

[iii] Have In His/Her Possession 

E.         [i] Firearm; or 

[ii] Ammunition 

F. Without Being The Holder Of A Current Firearm Licence

[51.2.4] Possession 

The term 'Possession' is not defined in the Firearms & Ammunition Act (Ch. 80) or the Interpretation & General Provisions Act (Ch. 85). 

To prove 'possession' the prosecution must prove 'knowledge' and 'control'. 

In Director of Public Prosecutions v Brooks [1974] AC 862; (1974) 59 CrAppR 185 [[1974] 2 WLR 899; [1974] 2 AllER 840; [1974] CrimLR 364] Lord Diplock stated at pages 866 and 187 respectively: 

'In the ordinary use of the word "possession", one has in one's possession whatever is, to one's own knowledge, physically in one's custody or under one's own physical control.' 

In R v Boyesen [1982] AC 768; (1982) 75 CrAppR 51 [[1982] 2 WLR 882; [1982] 2 AllER 161; [1982] CrimLR 596] Lord Scarman stated at pages 773 – 774 & 57 respectively: 

'Possession is a deceptively simple concept. It denotes a physical control or custody of a thing plus knowledge that you have it in your custody or control. You may possess a drug without knowing or comprehending its nature: but you do not possess it unless you know you have it.' (emphasis added) 

Therefore, a person does not have the prerequisite 'knowledge' if he/she: 

[i] does not know where the thing was; and 

[ii] was not in position to find out. 

In R v McCalla (1987) 87 CrAppR 372 May LJ, delivering the judgment of the Court, held at page 379: 

'We think that the basic principle underlying those cases is that once one has or possesses something, be it an offensive weapon or a drug, one continues to have or possess it until one does something to rid oneself of having or possessing it; that merely to have forgotten that one has possession of it is not sufficient to exclude continuing to have or possess it.' 

In R v Crabbe (1985) 156 CLR 464; (1985) 58 ALR 417; (1985) 16 ACrimR 19 the High Court of Australia stated at pages 470, 421 and 23 respectively: 

'When a person deliberately refrains from making inquiries because he prefer not to have the result, when he wilfully shuts his eyes for fear that he may learn the truth, he may from some purposes be treated as having the knowledge which he deliberately abstained from acquiring.' 

See also: R v Ashton – Rickardt [1978] 1 AllER 173; (1977) 65 CrAppR 67; [1978] 1 WLR 37; ]1977] CrimLR 424; R v Wright (1976) 62 CrAppR 169, per MacKenna J at page 173; R v McNamara (1988) 87 CrAppR 246 at pages 250 – 251; R v Holland [1974] PNGLR 7 at page 19; R v Iona Griffin [1974] PNGLR 72 at page 75; R v Angie – Ogun [1969 – 70] P&NGLR 36; Wanganeed (1988) 38 ACrimR 187 & Dayman v Newsome, Ex parte Dayman [1973] QdR 399. 

Section 51 of the Firearms & Ammunition Act (Ch. 80) states: 

'Every person who is proved to have had in his possession or under his control anything whatever containing any firearm or ammunition shall, until the contrary is proved, be deemed to have been in possession of such firearm or ammunition.' (emphasis added) 

Therefore, if the prosecution is able to prove 'beyond reasonable doubt' that a defendant was in possession of something which contained a firearm or ammunition it is presumed in law that the defendant was also in possession of that firearm or ammunition. 

The onus is on the defendant to prove on the 'balance of probabilities' that he/she was not in possession of the firearm or ammunition in such circumstances. 

The primary issue to consider in such circumstances is the question of knowledge. 

The law relating to 'Negative Averments' is examined commencing on page 83.

[51.2.5] Firearm 

The element 'Firearm' is examined on page 846. 

As regards dismantled firearms, see R v Pannell (1983) 76 CrAppR 53 & R v Clarke (1986) 82 CrAppR 308; [1986] 1 AllER 846; [1986] 1 WLR 209; [1986] CrimLR 334.

[51.2.6] Ammunition 

The term 'Ammunition' is examined on page 846.

[51.2.7] Proof Of License 

The onus is on the defendant to prove on the 'balance of probabilities' that he/she is the holder of a firearm license. 

The law relating to 'Negative Averments' is examined commencing on page 83.

[51.2.8] Firearm License 

The term 'Firearm License' is defined in section 2 of the Firearms & Ammunition Act (Ch. 80) as meaning: 

'a license issued under section 6'.

[51.2.9] Sentencing 

Section 5(2) of the Firearms & Ammunition Act (Ch. 80) provides that if a defendant is found guilty of an offence against that section, he/she is 'liable  

[i] if the offence was committed in a prohibited area to a fine of five thousand dollars or to imprisonment for ten years, or to both such fine and such imprisonment; or 

[ii] if the offence was committed elsewhere, to a fine of three thousand dollars or to imprisonment for five years or to both such fine and such imprisonment'. (emphasis added) 

The term 'Prohibited Area' is defined in section 2 of the Firearms & Ammunition Act (Ch. 80) as meaning: 

'an area in respect of which the Minister has made an order under section 25(1)'. 

An Order was issued by the Minister of Police & National Security under the provisions of section 25 of the Firearms & Ammunition Act (Ch. 80) on 26 May 1999 which declares a 'Specified Area' to mean 'the whole of Honiara City and the Guadalcanal Province'. 

All persons were ordered under the provisions of that Order to immediately deliver all firearms and ammunition in their possession to their nearest police station. A failure to comply with that order renders that person to an order as prescribed by that Order. 

That offence is examined commencing on page 850. 

Persons can be charged with that offence and the offence as outlined in section 5 of the Firearms & Ammunition Act (Ch. 80) and the law relating to 'Double Jeopardy' does not apply. 

The law relating to 'Double Jeopardy' is examined commencing on page 105. 

A 'suspended term of imprisonment' cannot be imposed, see R v Daniel Upang & Simister Kimisi; R v Cherry Bula (Unrep. Criminal Appeal Case Nos. 19 & 20 of 1991; Muria J; sitting alone). 

Such firearms and ammunition are liable to forfeiture by a court, see section 37 of that Act. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[51.3] Prohibition Of Arms In Certain Areas

[51.3.1] Offences 

Section 25 of the Firearms & Ammunition Act (Ch. 80) states (in part): 

'(1) Notwithstanding any of the other provisions of this Act, the Minister, if he deems it expedient on account of the prevalence of crimes involving the use of firearms or for any other reason, may be order – 

(a)                prohibit in any specified area and after a specified date and subject to such exceptions as he may specify, the possession, use or carrying of firearms and ammunition; and 

(b)               require that all firearms and ammunition within such specified area shall be delivered up to a police station, before a specified date. 

(2) Any person who without reasonable cause, proof whereof shall lie upon him, refuses or neglects to comply with the provisions of such order shall be guilty of an offence […].' (emphasis added)

[51.3.2] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did without reasonable cause did [refuse or neglect] to comply with the provisions of the Firearms and Ammunition (Prohibition of Firearms) Order 1999 issued under section 25 of the Firearms and Ammunition Act (Ch. 80) in that the said [Name of Defendant] not being an exempted person did 

·                     [use or carry] [a firearm or ammunition] in a specified area to wit the whole of Honiara City and the Guadalcanal Province; or 

·                     not immediately deliver [a firearm or ammunition] in (his/her) possession to (his/her) nearest police station in Honiara City and the Guadalcanal Province.'

[51.3.3] Elements 

[A] Use Or Carry Firearm Or Ammunition 

A. Defendant 

B. Place

C. Date 

D. Without Reasonable Cause 

E.         [i] Refuse; or 

[ii] Neglect 

F. Comply With The Provisions Of The Firearms & Ammunition (Prohibition Of Firearms) Order 1999 Issued Under Section 25 Of The Firearms & Ammunition Act (Ch. 80) 

G. Not Being An Exempted Person 

H.        [i] Use; or 

[ii] Carry 

I.          [i] Firearm; or 

[ii] Ammunition 

J. Specified Area To Wit The Whole Of Honiara City And The Guadalcanal Province

[B] Not Immediately Deliver Firearm Or Ammunition 

A. Defendant 

B. Place 

C. Date

D. Without Reasonable Cause 

E.         [i] Refuse; or 

[ii] Neglect 

F. Comply With The Provisions Of The Firearms & Ammunition (Prohibition Of Firearms) Order 1999 Issued Under Section 25 Of The Firearms & Ammunition Act (Ch. 80) 

G. Not Being An Exempted Person 

H.                Not Immediately Deliver 

[i] Firearm; or 

[ii] Ammunition] 

I. In His/Her Possession To His/Her Nearest Police Station In Honiara City And The Guadalcanal Province

[51.3.4] Order 

On 26 May 1999 the Minister for Police & National Security did hereby make the following Order: 

'1. This Order may be cited as the Firearms and Ammunition (Prohibition) Order 1999. 

2. (1) The use or carrying of any firearms or ammunition by any person other [th]an exempted person in any specified are[a], after the coming into operation of the Order is prohibited. 

 (2) In this Order; 

(a)                "exempted person" means a police officer, the holder of a firearms license and includes any person exempted under the provisions of section 7 of the Act; and 

(b)               "specified area" means the whole of Honiara City and the Guadalcanal Province. 

3. All persons, within the specified areas who are not exempted persons in terms of the Order are required to immediately deliver all firearms and ammunition in their possession to the nearest police station. 

4. Any person who without reasonable cause refuses, neglects or neglects to comply with this Order shall be guilty of an offence and liable to a fine of three hundred dollars or to imprisonment for six months or to both such fine and imprisonment.'

[51.3.5] Without Reasonable Cause 

The onus is on the defendant to prove on the 'balance of probabilities' that he/she had a 'reasonable cause' for failing to comply with the Order, see section 25(2) of the Firearms & Ammunition Act (Ch. 80). 

The law relating to 'Negative Averments' is examined commencing on page 83.

[51.3.6] Possession 

The element 'Possession' is examined commencing on page 847.

[51.3.7] Firearm

The element 'Firearm' is examined on page 846.

[51.3.8] Ammunition 

The element 'Ammunition' is examined on page 846.

[51.3.9] Sentencing 

Section 25(2) of the Firearms & Ammunition Act (Ch. 80) provides that if a defendant is found guilty of an offence against that section, he/she is 'liable to a fine of three hundred dollars or to imprisonment for six months or to both such fine and such imprisonment'. 

Such firearms and ammunition are liable to forfeiture by a court, see section 37 of the Act. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[51.4] Importation Of Firearms & Ammunition

[51.4.1] Offence 

Section 15(1) of the Firearms & Ammunition Act (Ch. 80) states: 

'No person shall import any firearm or ammunition or parts of firearms or ammunition into Solomon Islands from a place without Solomon Islands unless he holds a license in that behalf: 

Provided that when any firearm is imported into Solomon Islands without an import license or interim license under this section having been obtained authorising the importation thereof, such importation shall not be deemed to contravene the provisions of this section while such firearm on importation is left in the possession of the Department of Customs and Excise.' (emphasis added)

[51.4.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] did import [(a firearm or ammunition) or parts of (a firearm or ammunition)] into Solomon Islands from a place without Solomon Islands to wit [specify the name of this country] not being the holder of a licence in that behalf issued under section 15 of the Firearms and Ammunition Act (Ch. 80).'

[51.4.3] Elements 

A. Defendant 

B. Place 

C. Date 

D. Import 

E.         [i] Firearm; 

[ii] Ammunition; 

[iii] Parts Of A Firearm; or 

[iv] Parts Of Ammunition 

F. Into Solomon Islands 

G. Not Being The Holder Of A Licence In That Behalf Issued Under Section 15 Of The Firearms And Ammunition Act (Ch. 80).

[51.4.4] Import 

Whilst the term 'Import' is not defined in the Firearms & Ammunition Act (Ch. 80), it is defined in section 16 of the Interpretation & General Provisions Act (Ch. 85) as meaning: 

'to bring or cause to be brought into Solomon Islands by air or water'.

[51.4.5] Firearm 

The element 'Firearm' is examined on page 846.

[51.4.6] Ammunition 

The element 'Ammunition' is examined on page 846.

[51.4.7] Proof Of License 

The onus is on the defendant to prove on the 'balance of probabilities' that he/she is the holder of an import license issued under section 15 of the Firearms & Ammunition Act (Ch. 80). 

The law relating to 'Negative Averments' is examined commencing on page 83.

[51.4.8] Sentencing 

Section 15(2) of the Firearms & Ammunition Act (Ch. 80) provides that if a defendant is found guilty of an offence against that section, he/she is 'liable to a fine of five hundred dollars or to imprisonment for one year or to both such fine and such imprisonment'. 

Such firearms and ammunition are liable to forfeiture by a court, see section 37 of that Act. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[51.5] Importation Or Sale Of Imitation Firearms

[51.5.1] Offences 

Section 40B(1) of the Firearms & Ammunition Act (Ch. 80) states (in part): 

'No person shall import into Solomon Islands or sell or display for sale any imitation firearm in any place in Solomon Islands.'

[51.5.2] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] did [import into Solomon Islands, sell or display for sale] an imitation firearm.'

[51.5.3] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Import Into Solomon Islands; 

[ii] Sell; or 

[iii] Display For Sale 

E. Imitation Firearm

[51.5.4] Import 

Whilst the term 'Import' is not defined in the Firearms & Ammunition Act (Ch. 80), it is defined in section 16 of the Interpretation & General Provisions Act (Ch. 85) as meaning: 

'to bring or cause to be brought into Solomon Islands by air or water'.

[51.5.5] Sale 

The term 'Sell' is defined in the Interpretation & General Provisions Act (Ch. 85) as including: 

'barter and exchange'.

[51.5.6] Imitation Firearm 

The term 'Imitation Firearm' is defined in section 2 of the Firearms & Ammunition Act (Ch. 80) as meaning: 

'a replica of a pistol or other firearm which has the appearance of a firearm, but which may not be capable of discharging or being adapted for the discharge of any ammunition in the manner described in the definition of firearm and includes an air gun, air rifle or toy – guns.' (emphasis added)

 The element 'Firearm' is examined on page 846.

[51.5.7] Sentencing 

Section 40B(3) of the Firearms & Ammunition Act (Ch. 80) provides that if a defendant is found guilty of an offence against that section, he/she is 'liable to a fine of one thousand dollars or to imprisonment for one year or to both such fine and such imprisonment'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[51.6] Manufacture Imitation Firearms For Use Or Sale

[51.6.1] Offence

 Section 40B(2) of the Firearms & Ammunition Act (Ch. 80) states (in part): 

'No person shall manufacture for use or sale any imitation firearm.'

[51.6.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] did manufacture for [use or sale] an imitation firearm.'

[51.6.3] Elements 

A. Defendant 

B. Place 

C. Date 

D. Manufacture 

E.         [i] Use; or 

[ii] Sale 

F. Imitation Firearm

[51.6.4] Manufacture 

The element 'Manufacture' is examined on page 845.

[51.6.5] Sale 

The term 'Sell' is defined in the Interpretation & General Provisions Act (Ch. 85) as including: 

'barter and exchange'.

[51.6.6] Imitation Firearm 

The term 'Imitation Firearm' is defined in section 2 of the Firearms & Ammunition Act (Ch. 80) as meaning: 

'a replica of a pistol or other firearm which has the appearance of a firearm, but which may not be capable of discharging or being adapted for the discharge of any ammunition in the manner described in the definition of firearm and includes an air gun, air rifle or toy – guns.' (emphasis added) 

The element 'Firearm' is examined on page 846.

[51.6.7] Sentencing 

Section 40B(3) of the Firearms & Ammunition Act (Ch. 80) provides that if a defendant is found guilty of an offence against that section, he/she is 'liable to a fine of one thousand dollars or to imprisonment for one year or to both such fine and such imprisonment'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[51.7] Going Armed With Imitation Firearm

[51.7.1] Offence 

Section 40A(1) of the Firearms & Ammunition Act (Ch. 80) states (in part): 

'Any person who goes armed with an imitation firearm without lawful excuse is guilty of an offence […].'

[51.7.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] did without lawful excuse go armed with an imitation firearm.'

[51.7.3] Elements 

A. Defendant 

B. Place

C. Date 

D. Without Lawful Excuse 

E. Go Armed 

F. Imitation Firearm

[51.7.4] Without Lawful Excuse 

The onus is on the defendant to prove on the 'balance of probabilities' that he/she had a 'lawful excuse' for going armed with an imitation firearm. 

The law relating to 'Negative Averments' is examined commencing on page 83.

[51.7.5] Armed 

The term 'Armed' is not defined in the Firearms & Ammunition Act (Ch. 80) or the Interpretation & General Provisions Act (Ch. 85). 

In R v Jones (1987) 85 CrAppR 259 [[1987] 2 AllER 692; [1987] 1 WLR 692] Tucker J, delivering the judgment of the Court, held at page 266: 

'The expression "armed" is an ordinary English word. Normally, it will involve either physically carrying arms, or it will involve proof that, to his knowledge, a defendant knows that they are immediately available.' (emphasis added) 

See however Rowe v Conti; Threlfall v Panzera [1958] VR 547; [1958] ALR 1038.

[51.7.6] Imitation Firearm 

The element 'Imitation Firearm' is examined on page 855.

[51.7.7] Sentencing 

Section 40A(1) of the Firearms & Ammunition Act (Ch. 80) provides that if a defendant is found guilty of an offence against that section, he/she is 'liable to a fine of two hundred dollars or to imprisonment for six months or to both such fine and such imprisonment'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[51.7.8] Related Offence 

The law relating to the offence of 'Going Armed In Public' as provided for by section 83 of the Penal Code (Ch. 26) is examined commencing on page 984.

[51.8] Going Armed With Imitation Firearm & Threatening

[51.8.1] Offence 

Section 40A(2) of the Firearms & Ammunition Act (Ch. 80) states (in part): 

'Any person who goes armed with an imitation firearm by word of mouth or conduct threatens another person in such manner as to cause fear to that other person is guilty of an offence […].'

[51.8.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] did go armed with an imitation firearm and by [word of mouth or conduct] did threaten a person namely [specify the name of this person] in such a manner as to cause fear to the said person by [specify how that person was put in fear].'

[51.8.3] Elements 

A. Defendant

B. Place

C. Date 

D. Go Armed 

E. Imitation Firearm 

F.         [i] By Word Of Mouth; or 

[ii] By Conduct 

G. Threaten 

H. Complainant 

I. In Such A Manner As To Cause Fear To The Complainant

[51.8.4] Armed

 The element 'Armed' is examined on page 857.

[51.8.5] Imitation Firearm 

The element 'Imitation Firearm' is examined commencing on page 856.

[51.8.6] Sentencing 

Section 40A(2) of the Firearms & Ammunition Act (Ch. 80) provides that if a defendant is found guilty of an offence against that section, he/she is 'liable to a fine of five hundred dollars or to imprisonment for one year or to both such fine and such imprisonment'. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[51.8.7] Related Offence 

The law relating to the offence of 'Going Armed In Public' as provided for by section 83 of the Penal Code (Ch. 26) is examined commencing on page 894.

[51.9] Carry Firearm Whilst Drunk Or Disorderly

[51.9.1] Offences 

Section 41 of the Firearms & Ammunition Act (Ch. 80) states (in part): 

'Any person who is drunk, or who behaves in a disorderly manner, while carrying a firearm shall be guilty of an offence […].'

[51.9.2] Wording Of Charges 

'[Name of Defendant] at [Place] on [Date] [was drunk or did behave in a disorderly manner] whilst carrying a firearm.'

[51.9.3] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Drunk; or 

[ii] Behave In A Disorderly Manner 

E. Carrying 

F. Firearm

[51.9.4] Drunk 

The term 'Drunk' is not defined in the Firearms & Ammunition Act (Ch. 80) or the Interpretation & General Provisions Act (Ch. 85). 

In Neale v RMJE (A Minor) (1985) 80 CrAppR 20 Robert Goff LJ stated at page 23: 

'The primary meaning set out in the Shorter Oxford Dictionary (1933) is as follows: "That has drunk intoxicating liquor to an extent which affects steady self – control." […] In my judgment, that is indeed the natural and ordinary meaning of the word "drunk" in ordinary common speech in 1984.' (emphasis added) 

See also: R v Davies [1962] 3 AllER 97; (1962) 46 CrAppR 292; [1962] 1 WLR 1111. 

It is not necessary to prove absolute incapacity, but being drunk requires more than proof of being under the influence and a substantial degree of incapacity must be proved, see Brown v Bowden (1901) 19 NZLR 98 & R v Ormsey [1945] NZLR 109. 

A police officer may give 'opinion evidence' as regards the indicia of the defendant. 

In Himson Mulus v R [1969 – 70] PNGLR 82 Frost J stated at page 99 that 'no expert qualification is required for a witness to give evidence as to the effect of alcohol upon a person'. 

In R v Aldridge (1990) 20 NSWLR 737 the Court held at page 744: 

'The third ground of appeal complains of admission into evidence of the police officer's opinion that Mrs Ryan was affected by intoxicating liquor at the time when the police were called to her house. Unassisted by authority, and ignoring what has always been permitted in charges of driving under the influence and in personal injury claims, I would have said that a police officer could give evidence of only the usual indicia upon which an opinion may be founded – smelling of liquor, slurred speech, inability to walk in a straight line, etc – leaving it to the jury (or other tribunal of fact) to draw its own conclusions from their own experience […]. 

The police officer's opinion was therefore admissible, although it should not have been permitted without first obtaining the factual basis for that purpose.' (emphasis added) 

See also: Kennedy v Prestwood (1988) 7 MVR 561; Himson Mulas v R [1970 – 71] PNGLR 82 at page 99; Blackie v Police [1966] NZLR 910; Thomas v Snow [1962] QWN 7; Warning v O'Sullivan [1962] SASR 287 at page 289; R v Kelly [1958] VR 412; R v McKimmie [1957] VR 93 & R v Whitby (1957) 74 WN(NSW) 441. 

Therefore, for such 'opinion evidence' to be admissible police officers must give the basis of their opinion based on their own experience in dealing with persons affected by liquor both at work and socially. 

Refer also to the subsection which examines 'Opinion Evidence – Lay Persons' commencing on page 205.

[51.9.5] Disorderly Manner 

The term 'Disorderly Manner' is not defined in the Firearms & Ammunition Act (Ch. 80) or the Interpretation & General Provisions Act (Ch. 85). 

The 'natural and ordinary' meaning of that term in the context of this section would mean: 

'to act in a manner which contravenes good conduct or proper conduct, and therefore the conduct tends to offend right thinking members of the public', see Police v Christie [NZLR] 1109 at page 1113; King (1996) 88 ACrimR 150 at pages 155 – 157 & Austin & others [1939] SASR 130. 

In Melser v Police [1967] NZLR 437 McCarthy J commented in relation to the offence of 'Disorderly Conduct' at page 446: 

'I agree that an offence against good manner, a failure of good taste, a breach of morality, even though these may be contrary to the general order of public opinion, is not enough to establish this offence. There must be conduct which not only can fairly be characterized as disorderly, but also is likely to cause a disturbance or to annoy others considerably. 

[…] 

Moreover it seems to me that the test for determining whether or not behaviour is "disorderly" is objective, albeit the conduct in question must, of course, be looked at in all of the circumstances of the case.' (emphasis added)

[51.9.6] Sentencing 

Section 41 of the Firearms & Ammunition Act (Ch. 80) provides that if a defendant is found guilty of an offence against that section, he/she is 'liable to a fine of five hundred dollars or to imprisonment for twelve months or to both such fine and such imprisonment'. 

Such firearms and ammunition are liable to forfeiture by a court, see section 37 of that Act. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[51.10] Threatening Violence With Firearm

[51.10.1] Offence 

Section 42 of the Firearms & Ammunition Act (Ch. 80) states (in part): 

'Any person who, being the owner or having possession of a firearm, with intent to intimidate another person to do or to refrain from doing any act threatens by word of mouth or any other conduct to harm that other person, or any other person whosoever, with the use of the firearm is guilty of an offence […].'

[51.10.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] [being the owner or having possession] of a firearm with intent to intimidate a person namely [specify the name of this person] to [do or refrain from doing] an act did threaten by [word of mouth or (his/her) conduct] to harm [the said person or a person namely (specify the name of this person)] with the use of the said firearm.'

[51.10.3] Elements 

A. Defendant 

B. Place 

C. Date 

D.        [i] Being The Owner; or 

[ii] Having Possession 

E. Firearm 

F. Intent To Intimidate 

G. Complainant 

H.        [i] To Do An Act; or[

ii] Refrain From Doing An Act

I. Threaten 

J.          [i] By Word Of Mouth; or 

[ii] By His/Her Conduct 

K. To Harm 

[i] Complainant; or 

[ii] Another Person 

L. With The Use Of The Firearm

[51.10.4] Possession 

The element 'Possession' is examined commencing on page 847.

[51.10.5] Intent To Intimidate 

The prosecution must prove 'beyond reasonable doubt' that the defendant had the intent to intimidate another person to do or to refrain from doing any act threatens by word of mouth or any other conduct to harm that other person, or any other person whosoever, with the use of a firearm. 

Intention which is a state of mind, can never be proved as a fact, it can only be inferred from other facts which are proved, see Sinnasamy Selvanayagam v R [1951] AC 83 at page 87, if there are no admissions. 

Intentional or unintentional intoxication may be considered for the purpose of determining whether the defendant had the necessary 'intent' at the time of the commission of the offence, see section 13(4) of the Penal Code (Ch. 26). 

The defence of 'Intoxication' is examined commencing on page 444. 

If there are no admissions, to be found guilty of the offence as outlined in section 301 of the Penal Code (Ch. 26), 'the only rational inference open to the Court to find in the light of the evidence' must be that the defendant had the intent to intimidate another person to do or to refrain from doing any act threatens by word of mouth or any other conduct to harm that other person, or any other person whosoever, with the use of a firearm, see R v Dudley Pongi (Unrep. Criminal Case No. 40 of 1999; Muria CJ; at page 22). 

The law relating to 'Circumstantial Evidence' is examined commencing on page 183.

[51.10.6] Firearm

 The element 'Firearm' is examined on page 846.

[51.10.7] Police Powers 

Section 43(1) of the Firearms & Ammunition Act (Ch. 80) states: 

'Any police officer who has reason to believe that a person has threatened another person in contravention of section 42 may, without warrant, search the premises of the person who made the threat and take possession of any firearms which he may find on the premises.' 

Any person who obstruct or hinder a police officer from exercising such powers is guilty of an offence, see section 43(2) of that Act.

[51.10.8] Sentencing 

Section 42 of the Firearms & Ammunition Act (Ch. 80) provides that if a defendant is found guilty of an offence against that section, he/she is 'liable to a fine of one thousand dollars or to imprisonment for two years or to both such fine and such imprisonment'. 

Such firearms and ammunition are liable to forfeiture by a court, see section 37 of that Act. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[51.10.9] Related Offence

 The law relating to the offence of 'Criminal Trespass' as provided for by section 189 of the Penal Code (Ch. 26) is examined commencing on page 502.

[51.11] Discharging Firearm In Public Place

[51.11.1] Offence 

Section 44 of the Firearms & Ammunition Act (Ch. 80) states (in part): 

'Any person who, without reasonable excuse, (proof of which lies on him) discharges a firearm in a public place or in any place situated within the boundaries of a town is guilty of an offence […].'

[51.11.2] Wording Of Charge 

'[Name of Defendant] at [Place] on [Date] without reasonable excuse did discharge a firearm in a [public place to wit (specify the public place) or place situated within the boundaries of a town namely (specify the name of the town)].'

[51.11.3] Elements 

A. Defendant 

B. Place 

C. Date 

D. Without Reasonable Excuse 

E. Discharge 

F. Firearm 

G.        [i] Public Place; or 

[ii] Place Situated Within The Boundaries Of A Town

[51.11.4] Without Reasonable Excuse 

The defendant must prove on the 'balance of probabilities' that he/she had a 'reasonable excuse' to discharging the firearm. 

The law relating to 'Negative Averments' is examined commencing on page 83.

[51.11.5] Firearm 

The element 'Firearm' is examined on page 846.

[51.11.6] Public Place 

Whilst the term 'Public Place' is not defined in the Firearms & Ammunition Act (Ch. 80), it is defined in section 16 of the Interpretation & General Provisions Act (Ch. 85) as including: 

'every place to which the public are entitled or permitted to have access whether on payment or otherwise'. 

In R v Waters (1963) 47 CrAppR 149 Lord Parker CJ, delivering the judgment of the Court, held at page 154: 

'It seems to this court that the question is largely a matter of degree and fact. If only a restricted class of person is permitted to have access or invited to have access, then clearly the case would fall on the side of the line of it being a private place. If, on the other hand, only a restricted class is excluded, then it would fall on the side of the line of it being a public place.' 

See also: Clarke v Kato & others [1997] 1 WLR 208; Ling Ainui v Luke Ouki [1977] PNGLR 11 at page 12; Hansen v Appo; Ex parte Appo [1974] QdR 259; O'Mara v Lowe, Ex parte O'Mara [1971] QWN 34 & Schubert v Lee (1946) 71 CLR 589.

[51.11.7] Sentencing 

Section 44 of the Firearms & Ammunition Act (Ch. 80) provides that if a defendant is found guilty of an offence against that section, he/she is 'liable to a fine of two hundred dollars or to imprisonment for six months or to both such fine and such imprisonment'. 

Such firearms and ammunition are liable to forfeiture by a court, see section 37 of that Act. 

The law relating to 'Sentencing Generally' is examined commencing on page 918.

[51.12] Police Powers 

[51.12.1] Generally 

Specific powers of police officers are provided in the following sections under the Firearms & Ammunition Act (Ch. 80) as follows: 

Section 32 states: 

'Any police officer may without a warrant enter and remain on any land or premises other than a dwelling – house at and for such time as may be reasonably necessary to enable him to ascertain whether a person carrying or using or in possession of any firearm or ammunition on such land or premises has a license in that behalf.' 

Section 48 states: 

'(1) If any person is found carrying or conveying any firearms or ammunition in such a manner or under such circumstances as to afford reasonable grounds for suspicion that the same may be used for any unlawful purpose dangerous to the public peace, any person may without warrant apprehend such person so found and detain him in custody. 

(2) Any person apprehended without a warrant shall be dealt with in accordance with the provisions of section 22 ['Disposal Of Person Arrested By Private Person'] and 23 ['Detention Of Persons Arrested Without Warrant']of the Criminal Procedure Code Act.' [words in brackets added] 

Section 49 states: 

'Any police officer may arrest without warrant any person found committing or attempting to commit or employing, aiding or assisting any person to commit, or whom he reasonably suspects of having committed any offence against, or punishable under, any of the following provisions of this Act, namely, sections 4 ['Restriction On The Manufacture Of Firearms And Ammunition'], 5 ['Purchasing, etc, Firearms Or Ammunition Without Firearm License'], 9(2) ['Marking Of Firearms'], 11(1) ['Dealer's Licenses'], 12 ['Obstructing Inspection Of Stock –In-Trade'], 14 ['Provisions As To Shortening Firearms'], 22 ['Concealing Unlawfully Imported Firearms And Ammunition'], 23(3) ['Minister May Prohibit Importation Or Exportation'], 25(2) ['Prohibition Of Arms In Certain Places'], 26(2) ['Certain Weapons Prohibited Without Authority Of Minister'] and 41 ['Carrying Firearm While Drunk Or Disorderly'].' [words in brackets added] 

Section 50 states: 

'It shall be lawful for any police officer to stop and to search for firearms or ammunition any person whom he may find in any street or other public place at any hour of the day or night who acts in a suspicious manner or whom he may suspect of having any firearms or ammunition in his possession.' 

See also section 43(1) of the Firearms & Ammunitions Act (Ch. 80). 

Refer also to the Chapter titled 'Power To Enter To Arrest' commencing on page 247.

[51.12.2] Search Warrant 

Section 30 of the Firearms & Ammunitions Act (Ch. 80) states (in part):

'(1) Whenever a Magistrate has reason to believe that any person residing within the limits of his jurisdiction – 

(a)                has in his possession any firearm or ammunition without a license or in contravention of the conditions upon which any license is issued or for any unlawful purpose; or

(b)               has in his possession any firearm or ammunition whereof he cannot be left in possession without danger to the public peace, 

such Magistrate may by warrant directed to any police officer authorise such police officer – 

(a)                to enter and search the house or premises occupied by such person or any house or premises wherein the Magistrate has reason to believe that such firearm or ammunition is to be found; and 

(i)                 to seize and take before a court such firearm or ammunition; and 

(ii)               to arrest any person found in such house or on such premises whom such police officer has reason to suspect to have committed any offence punishable under this Act, 

and the provisions of sections 102 ['Execution Of Search Warrant'], 103 ['Persons In Charge Of Closed Place To Allow Ingress Thereto And Egress Therefrom'], 104 ['Detention Of Property Seized'] and 105 ['Provisions Applicable To Search Warrants'] of the Criminal Procedure Code Act shall apply, mutatis mutandis [ie., 'with the necessary changes'], in relation to a warrant issued under this section as they apply to a warrant issued under section 101 ['Power To Issue Search Warrants'] of the Criminal Procedure Code Act. 

(2) In the execution of such warrant any person to whom such warrant is directed may employ such assistants as may be necessary.' [words in brackets added] 

Refer also to the 'Issuance Of Search Warrants' under the Criminal Procedure Code (Ch. 7) which is examined commencing on page 259.

Considering that the forms to be used have not been prescribed in either the Firearms & Ammunitions Act (Ch. 80) or the Magistrates' Courts (Forms) Rules, the following forms have been prepared in compliance with section 30 of the Firearms & Ammunitions Act (Ch. 80): 

·                     'Complaint To Ground Search Warrant', a copy of which is on page 868; and 

·                     'Search Warrant', a copy of which is on page 869.  

________________

INFORMATION TO GROUND SEARCH WARRANT

(Firearms & Ammunitions Act (Ch. 80) S. 30)

 [GENERAL TITLE]

 on his/her oath complains that on the ………………… day of ……………….………………..., that

(a) has in his/her possession a firearm or ammunition without a license or in contravention of the conditions upon which a firearm license was issued or for an unlawful purpose; or 

(b) has in his/her possession a firearm or ammunition whereof he/she cannot be left in possession without danger to the public peace

[cross out what is inapplicable]

and that he/she has reasonable cause to believe, and does believe, that the said firearm or ammunition, [cross out what is inapplicable] is at a house or premises [cross out what is inapplicable] occupied by …………………………………………………………….…………….………………….….

at …………………………………………………………………………...………………………………...............................................................;

for he/she the said ………………………………………………………………….………..….......................................................................says that:

Sworn )

this ……………….day of …………….)

Before me:

Magistrate

SEARCH WARRANT

(Firearms & Ammunitions Act (Ch. 80), S. 30) 

[GENERAL TITLE] 

To all Police Officer within Solomon Islands 

has this day made on oath before the court that

And it appears to this Court that there is reasonable cause to believe that the firearms or ammunition [cross out what is inapplicable], are concealed as aforesaid. You are therefore hereby authorized and commanded in Her Majesty's name, with proper assistance, by day to enter the said house or premises [cross out what is inapplicable] and if necessary by force, and there diligently to search for the said firearm or ammunition [cross out what is inapplicable], and if the same or any thereof are found on search, to seize and take before this Court, to be dealt with according to law.

Magistrate

This Warrant may be executed during the hours of darkness.

Magistrate

Section 30(3) of the Firearms & Ammunitions Act (Ch. 80) states: 

'Whoever, upon a search being made under this section, having in his possession or custody any firearm or ammunition or knowing where any firearm or ammunition is concealed, refuses to produce or point out the same to the person making the search, or intentionally conceals the same, shall be guilty of an offence and liable to a fine of one thousand dollars or to imprisonment for two years or to both such fine and such imprisonment.' 

The wording for that charge is as follows: 

'[Name of Defendant] at [Place] on [Date] upon a search being made under section 30 of the Firearms and Ammunition Act (Ch. 80) 

·                     having in [his/her] [possession or custody] [a firearm or ammunition]; or 

·                     knowing where [a firearm or ammunition] was concealed

did 

·                     refuse to [produce or point out] the said [firearm or ammunition] to; or 

·                     intentionally conceal from 

the police officer making the search namely [specify the name and rank of the officer].'