Firearms Flashcards
Discharging Firearm or doing dangerous act with intent (firearm)
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
Discharging Firearm or Doing Dangerous Act With Intent (sending)
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
Using Any Firearm Against Law Enforcement Officer, etc (198A (1))
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.
Using any firearm against law enforcement officer, etc (198A (2))
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.
Commission Of Crime With Firearm (198B (1)(a))
Section 198B (1)(a) Crimes Act 1961
- In committing any imprisonable offence.
- Uses any firearm.
Commission of crime with firearm (198B (1)(b))
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.
What is a firearm
A firearm acts by force of explosive and is capable of firing a projectile.
What is an airgun
An airgun acts by force of compressed air or gas
What would be a scenario, involving section 198(1)(a)
A driveby - shooting at but not connecting with anyone.
List the three forms of Mens Rea for 198(1)
- Intent to do grievous bodily harm.
- Intent to injure.
- reckless disregard for the safety of others.
List the three forms of Actus Reus for 198(1)
- discharging a firearm at a person
- delivering explosives
- setting fire to property
What is intent
The act or omission must be done deliberately. Must be more than involuntary or accidental. An intent to produce a specific result.
Circumstantial evidence from which an offenders intent may be inferred
- Actions before, during and after the event.
- surrounding circumstances.
- the nature of the act itself.
Discharge meaning
To discharge means to fire or shoot.
Intent to shoot victim
There must be an intention to shoot at that person - it can’t be just in their general direction.
R v Pekepo caselaw
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)
Explosive definition
Any substance or mixture capable of producing an explosion.
Sends or delivers
Take their ordinary meaning - e.g letter bomb.
Injurious substance or device
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.
When is an explosion offence complete
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.
R v McArthur
Bodily harm has an effect on the health of comfort of the victim. Must be more than merely transitory and trifling.
(Injury)
Cameron v R
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)
R v Swain
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)
Police v Parker
“Use in an manner whatever” is to contemplate a situation short of actually firing the weapon.
(Uses in any manner)
“In any manner whatever”
Can include the use of firearms in ways in which they are not normally used (such as using it as a club).
Constable definition
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.
Acting in the course of duty meaning
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.
Knowing they’re a Police constable
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.
R v Kelt
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)
Prima facie
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.
Discharging Firearm or doing dangerous act with intent (fire)
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
Definition of property
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.
Fisher v R
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.
Commission of an imprisonable offence with firearm 198B (1)(a)
Commission of an imprisonable offence with firearm Section 198B(1)(a), Crimes Act 1961
- In committing any imprisonable offence
- Uses any firearm
Commission of an imprisonable offence with firearm 198B (1)(b)
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.
Pistol definition
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.
