Firearms Flashcards
Discharging firearm or doing dangerous act with intent
DISCHARGING FIREARM w INTENT (a)
DOING DANGEROUS ACT WITH INTENT (b) & (c) - S198
(1) Everyone/With intent/To do GBH —
(a) Discharges any firearm, airgun, or other similar weapon/ At any person
(b) Sends or delivers to any person OR puts in any place/ Any explosive OR injurious substance or device
(c) Sets fire/ To any property.
(2) Everyone/With intent/to injure (or with reckless disregard for the safety of others) does a, b, c
198 Mens Rea and Actus Reus
MENS REA - Intent to do GBH, intent to injure, reckless disregard for safety of others
ACTUS REUS - Discharging a firearm at a person, delivering explosives, setting fire to property
Completion of 198
198(1)(a) requires actual discharge of firearm at person. 198(1)(b) it is not necessary for an explosion to occur, complete when sent/delivered/put in place but needs capacity to explode
R V Pekepo
R V PEKEPO - S198(1)(a)
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.
Discharge and Explosive
DISCHARGE - To fire or shoot
EXPLOSIVE - S2 Arms Act 1983, substance/mixture/combination of substances as to result in an explosion (gun powder/gelignite/not fireworks)
Firearm/Airgun
As defined by S2 of the Arms Act 1983 - firearm acts by force of explosive and airgun by compressed air or gas.
Injurious Substance or Device
Range of things capable of causing harm to a person from letter containing anthrax to political target to boiling water considered destructive
Using any firearm against law enforcement officer (1)
USING ANY FIREARM AGAINST LAW ENFORCEMENT OFFICER - S198A(1)
Everyone/ Uses a firearm in any manner whatever/ Against any Constable/ Acting in the course of his or her duty/ Knowing OR Being reckless whether or not/ That person is a member of the police/ Acting in the execution of their duty
Any matter whatever
Sufficient if defendant handled/manipulated the firearm as to convey an implied threat - intimidating/threatening
R V Swain
To deliberately or purposely remove sawn-off shot gun from a bag after being confronted by Police amounts to a use of firearm within S198A CA61
Constable
Police employee who holds office of constable (appointed under Police Act 1958 or 2008) and any level of position in NZ Police
Acting in the course of duty
ACTING DUTY
Includes every lawful act a constable does while on duty (may include acts done where the circumstances create a professional obligation while off duty).
If acting unlawfully cannot be said to be “acting in the course of his or her duty”.
Must know victim is a Police Officer and acting a n course of duty
Using any firearm against law enforcement officer (2)
USING FIREARM AGAINST LAW ENFORCEMENT OFFICER - S198A(2)
Anyone/ Who uses any firearm in any manner whatever/ With intent to resist the lawful arrest or detention of themselves OR of any other person.
- Not necessarily Police Officer
R V Fisher
Must prove accused knew someone was attempting to arrest or detain him - otherwise the mens rea of intending to resist lawful arrest/detention cannot be established.
Commission of imprisonable offence with a firearm
COMMISSION OF AN IMPRISONABLE OFFENCE WITH FIREARM - S198B
(1) Everyone
(a) In committing any imprisonable offence/ Uses any firearm (not any matter whatever - narrower)
(b) While committing any imprisonable offence, has any firearm with him or her (custody/control/available) in circumstances that prima facie show an intention to use it in connection with that imprisonable offence.
