Firearms Flashcards
Firearm: Section, Act, Definition
Section 2(1) Arms Act 1983
Means anything friend which any shot, bullet, missile, or other projectile can be discharged by force of explosive, and includes anything adapted so that it can be used to discharge a shot… anything which is not for the time being capable but would fit the definition upon its completion… anything that fits the definition and is for the time dismantled… any specially dangerous air gun.
Air gun: Section, act, definition
Section 2(1) Arms Act 1983
Includes:
a) any air rifle
b) any air pistol
c) any weapon from which, by the use of compressed air (not explosive), any shot, bullet, missile, or other projectile can be fired.
Discharging firearm or doing dangerous act with intent. Section, Act, Elements
Section 198, Crimes Act 1961
(1) Every one is liable to imprisonment for a term not exceeding 14 years who, with intent to do grevious bodily harm:
a) discharges any firearm, air gun, or other similar weapon at any person b) sends or silvers to any person, or puts in any place, any explosives or injurious substance or device, or c) sets fire to any property
(2) Everyone 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)
What level of injury is required for a charge under section 198 of the Crimes Act 1983?
It is not necessary under section 198 to prove that the victim suffered actual bodily harm, just that the offender intended to cause GBH, injury, or had reckless disregard for the safety of others.
Case Law: DDP vs Smith
“Bodily harm” needs no explanation and “grevious” means no more or no less that “really serious”.
Discharge: definition
Discharge means to fire or shoot.
Case Law: R v Pekepo
In relation to a charge under section 198(1)(a), Discharging firearm with intent to cause GBH, 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.
Explosive: Section, act, definition
Section 2(1) Arms Act 1983
a) any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect;
b) includes gunpowder, nitroglycerin, dynamite, gun-cotton, blasting powder, fulminate of mercury or of other metals, coloured flares, fog signals, fuses, rockets, percussion caps, detonators, cartridges, and ammunition of all descriptions
c) includes any device, contrivance, or article, which uses any substance or mixture or combination of substances to which paragraph (a) or paragraph (b) of this definition applies as an integral part of it for the purposes of producing an explosion or a ballistic or pyrotechnic effect, but does not include a firearm
d) Does no include any firework
Property: Section, Act, Definition
Section 2(1) Crimes Act 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.
Injure: Section, Act, Definition
Section 2 (1) Crimes Act 1961
to injure means to cause actual bodily harm.
In relation to this material, what could be an appropriate charge for someone who sends an intended victim a “letter bomb”, or a package containing anthrax by mail?
Doing a dangerous act with intent to cause GBH
S198(1)(a) Crimes Act 1961
A “letter bomb” fits the definition of an explosive device. Anthrax is an injurious substance. In both cases, it can be argued that the intended outcome is really serious bodily harm.
Case Law: R v Donovan
“Bodily Harm” includes any hurt or injury calculated to interfere with the health or comfort of the victim, in need not be permanent but must, no doubt, be more than transitory and trifling.
Case Law: Cameron v R
Recklessness is established if:
(a) the defendant recognised that there was a real possibility that:
(i) his or her actions would bring about the proscribed result
(ii) the proscribed circumstances existed
(b) having regard to that risk those actions were unreasonable
Using a firearm against law enforcement officer: Section, Act, Elements
Section 198A, Crimes Act 1961
(1) Everyone 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 constable or a traffic officer or a prison officer so acting.
(2) Every 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.
Case Law: Police v Parker
“Use in any matter whatever” 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.
Constable: Definition
Section 4, Policing Act 2008
constable means a Police employee who-
(a) holds the office of constable; and
(b) includes a constable who holds any level of position within the New Zealand Police
In terms of criminal law, what is “knowing”?
Knowing means “knowing or correctly believing”… the defendant may believe something wrongly, but cannot “know” something that is false.
Commission of a crime with a firearm: Section, act, elements
Section 198B, Crimes Act 1961
(1) Everyone 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 circumstance that prima facie show an intention to use it in connection with that imprisonable offence.
Case Law: 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”.
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.
Prohibited firearm: Section, act, definition
Section 2A, Arm Act 1961
Any of the following:
- semi-automatic firearm other than that that fires .22 calibre rim fire or lower, has a magazine that holds no more than 10 cartridges, doesn’t have a lower receiver that can be attached to a centre fire upper receiver as to result in a functioning firearm
- pump action shotgun with a detachable mag
-pump action shotgun with a tubular mag that holds 5 or more cartridges
-a centre fire pump action rifle with a detachable mag
-a centrefire pump-action rifle with mag that holds more than 10 cartridges
-firearm declared by Order in COuncil made under section 74A to be a prohibited firearm.
Pistol: Section, act, definition
Section 2(1) Arms Act 1983
Pistol means a firearm (other than a a prohibited firearm or restricted weapon, that is designed or adapted to be held and fired with 1 hand, and includes any firearm (other than a prohibited firearm or restricted weapon) that is less than 762 mm in length.
Restricted weapon: Section, act, definition
Section 2(1) Arms Act 1983
Restricted weapon mean any weapon, whether a firearm or not, declared by the Governor General, by Order on Council made under section 4, to b a restricted weapon.
What are some examples of restricted weapons?
- Anti-tank projectors, and ammunition therefor
- Grenade dischargers, grenade launchers, grenades containing explosives.
- Incendiary grenades, including Molotov cocktails consisting of a container with only or principle contents being an inflammable liquid or mixture and a means of ignition of the inflammable substance whether that means is a sucky an explosive or other defvice, a fuse, or a chemical
- Machine carbines or guns, sub machine carbines or guns, machine pistols of any kind whatsoever, including those operated by gas or compressed air and including all other firearms capable of fill automatic fire
- Mines of an explosive nature, of any kind whatsoever
- Mortars of military kinds, and ammunition therfor
- Rocket launchers and ammunition therefor
- Every firearm weapon and device designed for the purpose of discharging lachrymatory, deleterious, or toxic gas or other stupefying or overpowering thing capable of rendering any persons partially or wholly incapable of resistance (other than with a lawful purpose)
- Any gas, substance, material, or thing specially intended or adapted for use in conjunction with any firearm, weapon, or device specified above.
