Firearms Flashcards
What sections in the CA do firearms fall under ?
S198
How many offences are listed under 198?
Discharging firearm or doing dangerous act with intent to cause GBH
198(1)(a) Discharge a firearm, air gun, similar weapon 198(1)(b) Sends OR Delivers to any person Puts in any place 198(1)(c) Sets fire to any property
Using any firearm against law enforcement officer
198A(1)
Commission of Crime with firearm
198B(1)(a)
198B(1)(b)
Firearm defined as
Shot, missile, bullet or any projectile discharges by force of explosive.
Airgun defined …
Projectile discharged by the use of gas or compressed air
Three forms of Men’s Rea
Intent to cause GBH
Intent to injure
Reckless disregard for the safety of others (any of the acts referred in subsection 198(1)
What was held in R v Pekepo for reckless discharge of the weapon ?
R v Pekepo
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 the person must be established.
When is the offence of S198(1)(b) complete ?
When an explosive or injurious substance or device is sent, delivered or put in place.
HOWEVER the substances must have the capacity to explode or cause injury.
What was held in the case law of Police v Parker ?
“Use in any manner what ever is to contemplate a situation short of actually firing the weapon and to present a rifle too, I think, is equivalent to or means the same thing”
Using a firearm in a way which they are not normally used such as where a firearm is used as a club
Define Constable
Hold the office of Constable
Includes a Constable who holds any level of position with the NZ
Under S198A(1) what must the Defendant know ?
Victim was a Police officer and know the officer is acting in the course of duty or be reckless as to those facts
S198B - Commission of crime with firearm what must you prove ?
Person knew to have the firearm with them
What was held in 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
Under S198B(1)(b) has with him means ….
Knowingly has with him
Prima facie means ….
At first appearance
What was held in Tuli v Police ?
Prima facie circumstance are those which are sufficient to show or establish an intent in the absence of evidence to the contrary
