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If you are saying I have not correctly formed the Ratio Decidendi from these two cases, isnt the onus on you to identify the correct ratio and my exact error? Here you are essentially saying you have...

Actually it does not. "so as to" means the defendant's actions resulted in that outcome. intention to that outcome is not required. but intention to discharge firearm must be proven.

This view was...

Whether someone is frightened is a matter of fact. i.e. did that happen. whether it was reasonable for that to happen is a matter of value judgement. The section does not involve that value...

Whether it is reasonable for the complainant to be frightened is not a element of this section. Generally speaking egg shell skull principles apply. As long as it is proven beyond reasonable doubt...

I don't see it either, but that is not the wording of the act.

48 Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse or public place
Every person commits an...

Reasonable cause is a possible defence, not a necessary element of the charge. The Defenant has to raise this defence and burden is only evidential. Once the defence is raised, it is for the...

Very interesting topic. I shall chime in. The below should not be taken as legal advise and only general comment.

In order to convict under S 48 of the Arms Act the prosecution must prove 3...