Definitions / discussion

Question 1

COMMITTING (s198B)

Answer 1

Must be in the commission of committing a crime

Question 2

FIREARM s2, Arms Act 1983

Shortened def

Answer 2

Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive.

Includes:

• Anything capable of doing so by adaptation, completion, replacement of parts, or repair of defects
• Any dismantled firearm.
• Any specially dangerous airgun

Question 3

AIRGUN s2, Arms Act 1983

Shortened def

Answer 3

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:

Question 4

EXPLOSIVE s2, Arms Act 1983

Shortened def

Answer 4

Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect,
Includes: gun powder, gelignite, detonators
Does Not Include: Firearms, fireworks

Question 5

AGAINST ANY CONSTABLE Section 2, Police Act 2008

Answer 5

constable means a 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

Question 6

ACTING IN EXECUTION OF DUTY

Answer 6

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 7

KNOWING (s198A)

Answer 7

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

Question 8

BODILY HARM R v DONOVAN

Answer 8

“Bodily harm” … includes any hurt or injury calculated to interfere with the health or comfort of [the victim] … it need not be permanent, but must, no doubt, be more than merely transitory and trifling.

Question 9

GREVIOUS BODILY HARM DPP v SMITH

Answer 9

“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious.”

Question 10

USE IN ANY MANNER POLICE v PARKER

Answer 10

“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 …

Question 11

HAS WITH HIM R v KELT

Answer 11

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”.

Question 12

INTENT

Answer 12

A person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.

Question 13

KNOWLEDGE SIMESTER AND BROOKBANKS: PRINCIPALS OF CRIMINAL LAW

Answer 13

Knowing means “correctly believing” … the defendant may believe something wrongly, but cannot “know” something that is false.

Question 14

RECKLESSNESS

Answer 14

A conscious and deliberate taking of an unjustifiable risk.