Firearms

Question 1

Discharging Firearm or doing dangerous act with intent (firearm)

Answer 1

Discharging Firearm or doing dangerous act with intent 
Section 198(1)(a) Crimes Act 1961

• With Intent to do GBH
• Discharges any:
  Firearm
  OR
  Airgun
  OR
  Other similar weapon
• At any person

Question 2

Discharging Firearm or Doing Dangerous Act With Intent (sending)

Answer 2

Discharging Firearm or doing dangerous act with intent 
Section 198(1)(b) Crimes Act 1961

• With Intent to do GBH
• Sends or delivers to any person
  OR
• Puts in any place
• Any explosive or injurious substance or device

Question 3

Using Any Firearm Against Law Enforcement Officer, etc (198A (1))

Answer 3

Using Any Firearm Against Law Enforcement Officer, etc
Section 198A (1) Crimes Act 1961

• uses any firearm in any manner whatever
• Against any
  Constable
  Traffic officer
  Prison officer
• acting in the course of his or her duty
• knowing that, or being reckless whether or not that the person is a Constable, traffic officer, prison officer so acting.

Question 4

Using any firearm against law enforcement officer, etc (198A (2))

Answer 4

Using any firearm against law enforcement officer, etc 
Section 198A (2) Crimes Act 1961

• uses any firearm in any manner whatever
• With intent to resist the lawful arrest or detention of himself, herself or any other person.

Question 5

Commission Of Crime With Firearm (198B (1)(a))

Answer 5

Section 198B (1)(a) Crimes Act 1961

• In committing any imprisonable offence.
• Uses any firearm.

Question 6

Commission of crime with firearm (198B (1)(b))

Answer 6

Section 198B (1)(b) Crimes Act 1961

• 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.

Question 7

What is a firearm

Answer 7

A firearm acts by force of explosive and is capable of firing a projectile.

Question 8

What is an airgun

Answer 8

An airgun acts by force of compressed air or gas

Question 9

What would be a scenario, involving section 198(1)(a)

Answer 9

A driveby - shooting at but not connecting with anyone.

Question 10

List the three forms of Mens Rea for 198(1)

Answer 10

• Intent to do grievous bodily harm.
• Intent to injure.
• reckless disregard for the safety of others.

Question 11

List the three forms of Actus Reus for 198(1)

Answer 11

• discharging a firearm at a person
• delivering explosives
• setting fire to property

Question 12

What is intent

Answer 12

The act or omission must be done deliberately. Must be more than involuntary or accidental. An intent to produce a specific result.

Question 13

Circumstantial evidence from which an offenders intent may be inferred

Answer 13

• Actions before, during and after the event.
• surrounding circumstances.
• the nature of the act itself.

Question 14

Discharge meaning

Answer 14

To discharge means to fire or shoot.

Question 15

Intent to shoot victim

Answer 15

There must be an intention to shoot at that person - it can’t be just in their general direction.

Question 16

R v Pekepo caselaw

Answer 16

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.

(Intent to shoot victim)

Question 17

Explosive definition

Answer 17

Any substance or mixture capable of producing an explosion.

Question 18

Sends or delivers

Answer 18

Take their ordinary meaning - e.g letter bomb.

Question 19

Injurious substance or device

Answer 19

The term ‘injurious substance or device’ covers a range of things capable of causing harm to a person; for example a letter containing anthrax powder that is mailed to a political target.

Question 20

When is an explosion offence complete

Answer 20

When an explosive or an injurious substance or device is sent, delivered or put in place. The substance must have the capacity to explode or cause injury.

Question 21

R v McArthur

Answer 21

Bodily harm has an effect on the health of comfort of the victim. Must be more than merely transitory and trifling.

(Injury)

Question 22

Cameron v R

Answer 22

Recklessness is established if:

A) The defendant recognised that there was a rea possibility that his or her actions could bring about the result and/or those circumstances existed.
B) having regard to that risk, those actions were unreasonable.

(Recklessness)

Question 23

R v Swain

Answer 23

To deliberately or purposely remove a swan-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 a s198A Crimes Act 1961
(Uses in any manner)

Question 24

Police v Parker

Answer 24

“Use in an manner whatever” is to contemplate a situation short of actually firing the weapon.

(Uses in any manner)

Question 25

“In any manner whatever”

Answer 25

Can include the use of firearms in ways in which they are not normally used (such as using it as a club).

Question 26

Constable definition

Answer 26

A constable means a Police employee who holds the office of constable and includes a constable who holds any level of position within the New Zealand Police.

Question 27

Acting in the course of duty meaning

Answer 27

The term includes every lawful act 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.

Question 28

Knowing they’re a Police constable

Answer 28

The defendant 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 29

R v Kelt

Answer 29

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”.

(Has any firearm with them)

Question 30

Prima facie

Answer 30

Prima facie means at first appearance.

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.

Question 31

Discharging Firearm or doing dangerous act with intent (fire)

Answer 31

Discharging Firearm or doing dangerous act with intent 
Section 198(1)(c) Crimes Act 1961

• With Intent to do GBH
• Sets fire to any property

Question 32

Definition of property

Answer 32

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.

Question 33

Fisher v R

Answer 33

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 men’s rea of intending to resist lawful arrest or detention cannot be established.

Question 34

Commission of an imprisonable offence with firearm 198B (1)(a)

Answer 34

Commission of an imprisonable offence with firearm
Section 198B(1)(a), Crimes Act 1961

• In committing any imprisonable offence
• Uses any firearm

Question 35

Commission of an imprisonable offence with firearm 198B (1)(b)

Answer 35

Commission of an imprisonable offence with firearm
Section 198B(1)(b), Crimes Act 1961

• 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.

Question 36

Pistol definition

Answer 36

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.