Definitions and Case Law

Question 1

Discharges

Answer 1

To “discharge” in this context means “to fire or shoot”

Question 2

Firearm

Answer 2

Firearm, section 2 Arms Act 1983
Firearm -
a) Anything from which any shot, bullet, missile or other projectile is capable of being discharged by force of explosive, and
b) Includes
i) anything that has been adapted
ii) anything which is not for the time being capable… but which by completion or replacement of any part… or… repair of any defect… would be a firearm
iii) anything… dismantled or partially dismantled
iv) any specially dangerous air gun

Question 3

Airgun

Answer 3

Airgun, section 2 Arms Act 1983
Airgun includes
a) any air rifle
b) any air pistol
c) any weapon from which by the use of gas or  compressed air  (but not by explosive) any any shot, bullet, missile or other projectile can be discharged

Question 4

R v Pekepo

Answer 4

A reckless discharge of a firearm in the general direction of a passerby who happens to be hit is not sufficient. An intention to shoot that person must be established.

Question 5

Sends or delivers

Answer 5

The terms “send” and “deliver” take their ordinary meanings, and may include situations where the victim receives a dangerous thing by mail or courier

Question 6

Puts in any place

Answer 6

Would take on its normal meaning and would include any place an item can be left

Question 7

Explosive

Answer 7

Explosive, section 2 Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion of producing a pyrotechnic effect.
Includes: gunpowder, gelignites, detonators
Does not include: Firearms, fireworks

Question 8

Injurious substance or device

Answer 8

The term “Injurious substance or device” covers a range of things capable or causing harm to a person; for example a letter containing anthrax to a political target

Question 9

Completion of Offence

Answer 9

Although offences under s198(1)(a) require the actual discharge of a firearm at a person, under section 198(1)(b) it is not necessary for an explosion to occur, the offence is complete when an explosive or injurious substance or device is sent, delivered or put in place. However, the substance must have the capacity to explode or cause injury

Question 10

Sets fire

Answer 10

Fire is the result of a process of combustion, a chemical reaction between fuel and oxygen, triggered by heat

Question 11

Use in any manner whatever

Answer 11

The primary meaning of the word “use” in relation to a firearm is to fire it, however the words “in any manner whatever” widens the definition to include a range of acts that stop short of actually shooting at an officer.

Question 12

Police v Parker

Answer 12

“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

Question 13

Against any Constable

Answer 13

Constable means any police employee who:
a) holds the office of constable (whether appointed as a constable under the Police Act 1958 or this Act) and
b) includes a constable who holds any level of position within the New Zealand Police
section 4, Police Act 2008

Question 14

Acting in the course of his or her duty

Answer 14

The term includes every lawful act which a constable does while on duty, and may include acts done where the circumstances create a professional obligation for a Constable to exercise policing duties while off duty

(However, an officer who is acting unlawfully, cannot be said to “be acting in the course of his or her duty”)

Question 15

Knowing that the person is a member of police so acting…

Answer 15

The accused must KNOW the victim is a police offer, and KNOW that the officer is acting in the course of his or her duty or is reckless as to those facts

Question 16

In committing any imprisonable offence

Answer 16

Must be in the commission of an imprisonable offence.

IMPRISONABLE OFFENCE sec. 5 Criminal Procedures Act 2011
in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment

Question 17

Uses

Answer 17

Has a narrower meaning than 198A and includes firing or presenting a firearm or displaying it in a menacing manner, but may not extend to the use of a firearm as a club

Question 18

R v Kelt

Answer 18

Having a firearm “with him” requires “a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him”