Firearm Offences - Lesson Notes Flashcards
Discharge Definition
Means to fire or shoot
Uses in any manner whatever
The primary meaning of the word use in relation to a firearm is to fire it, but the works “in any manner whatever” widen the definition to include a range of acts that stop short of actually shooting at an officer. It is not necessary that the firearm was presented at the officer or that it be discharged.
“uses” under section 198B (1)(a)
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.
Act, section, penalty, legislation of Discharging a Firearm etc
Section 198, Crimes Act 1961
Discharging firearm or doing dangerous act with intent
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to do grievous bodily harm,—
(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.
(2) Every one is liable to imprisonment for a term not exceeding 7 years who, with intent to injure, or with reckless disregard for the safety of others, does any of the acts referred to in subsection (1) of this section.
Case law for intent for 198
R v Pekepo [1989] 2 NZLR 229
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.
Property definition
Section 2 CA 1961
Property includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and any thing in action, and any other right or interest.
Act, section, penalty, legislation of Uses a firearm against Law Enforcement Officer etc
Section 198A, Crimes Act 1961
Using any firearm against law enforcement officer, etc
(1) Every one is liable to imprisonment for a term not exceeding 14 years who uses any firearm in any manner whatever against any constable, or any traffic officer, or any prison officer, acting in the course of his or her 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.
(2) Every one is liable to imprisonment for a term not exceeding 10 years who uses any firearm in any manner whatever with intent to resist the lawful arrest or detention of himself or herself or of any other person.]
Under 198A(2) does the firearm have to be used against a enforcement officer
No, so the firearm can be used in any manner against any person, as long as the offender has the necessary intent to resist arrest or detention.
Act, section, penalty, legislation of Commission of an imprisonable offence with firearm
Section 198B, Crimes Act 1961
Commission of an Imprisonable Offence with firearm
(1) Every one is liable to imprisonment for a term not exceeding 10 years who,—
(a) In committing any imprisonable offence, uses any firearm; or
(b) While committing any imprisonable offence, has any firearm with him or her in circumstances that prima facie show an intention to use it in connection with that imprisonable offence.
Case law for has with him
R v Kelt [1977] 3 All ER 1099
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”.
Interpretation of pistol
Section 2, Arms Act 1983
Interpretation
Pistol means any firearm that is designed or adapted to be held and fired with one hand; and includes any firearm that is less than 762 millimetres in length.
Section 198B(1)(b) Has any firearm with him
Under this provision the offender must knowlingly have the firearm with them
Prima facie case law
Tuli v Police
Prima facie circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary.
Reckless disregard
It is necessary to prove that the defendant foresaw the risk of injury to others, however it is not necessary that he recognise the extent of the injury that would result.
