Firearm Offences

Question 1

Discharging Firearm or Doing Dangerous Act with Intent (14 years)

Answer 1

Section 198(1) Crimes Act 1961
14 Years imprisonment

(a) Discharges any firearm, airgun, or other similar weapon at any person.

Or

(b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device.

Or

(c) Sets fire to any property.

Question 2

Discharging Firearm or Doing Dangerous Act with Intent (7 years)

Answer 2

Section 198(2) Crimes Act 1961
7 Years imprisonment

With intent to injure
(Intent and injury defined, R v Collister and R v Donovan)

Or

Reckless disregard for the safety of others.
(Reckless defined, Cameron v R, R v Tipple and R v Pekepo)

Does any of the acts referred to in subsection (1) of this section.

Question 3

Using any Firearm Against Law Enforcement Officer (14 years)

Answer 3

Section 198A(1) Crimes Act 1961
14 Years imprisonment

Uses any firearm in any manner whatever.
(“Acts that stop short of actually shooting at an officer” and R v Swain)

Against any Constable, or Traffic Officer, or any Prison Officer, acting in the course of their duty knowing that, or being reckless whether or not, that person is a member of the Police or a Traffic Officer or a Prison Officer so acting.
(Constable defined)

Question 4

Using any Firearm Against Law Enforcement Officer (10 years)

Answer 4

Section 198A(2) Crimes Act 1961
10 Years imprisonment

Uses any firearm in any manner whatever.
(Fisher v R)

With intent to resist the lawful arrest or detention of himself or of any other person.
(Intent defined and R v Collister)

Question 5

Constable definition

Answer 5

Policing Act 2008
Section 4

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

R v Swain

Answer 6

To deliberately or purposefully remove a sawn-off shotgun from a bag after being confronted by or called upon by a Police Constable amounts to a use of that firearm within the meaning of Section 198A Crimes Act 1961.

Question 7

Fisher v R

Answer 7

It is necessary in order to establish a charge under Section 198A(2) for the Crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established.

Question 8

R v Pekepo

Answer 8

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