Firearms

Question 1

Discharging Firearm With Intent

Answer 1

S198(1)(a) CA 1961

With intent to do GBH
Discharges any Firearm OR Airgun OR other similar weapon
At any person

14 YIP

Question 2

Using Any Firearm Against Law Enforcement Officer S198A(1)

Answer 2

Uses any firearm in any manner whatever
Against any Constable
Acting in his or her duty.
Knowing that, or being reckless whether or not that the person is a Constable

14 YIP

Question 3

Using Any Firearm Against Law Enforcement Officer S198A(2)

Answer 3

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

10 YIP

Question 4

Commission of Crime With Firearm S198B(1)(a)

Answer 4

In committing any imprisonable offence
Uses any firearm

Question 5

Commission of Crime with Firearm S198B(1)(b)

Answer 5

While committing any imprisonable offence
Has any firearm with him or her
In the circumstances that prima facie show an intention to use it in connection with that imprisonable offence.

Question 6

Firearm Definition

Answer 6

As per S2(1) Arms Act 1983 a firearm means anything which any shot, bullet, missile or other projectile can be discharged by force of explosive.

Question 7

Airgun Definition

Answer 7

As per S2(1) Arms Act 1983 an airgun includes any air rifle, any air pistol and any weapon from which by the use of compressed air any projectile can be fired.

Question 8

R v Pekepo

Answer 8

A reckless discharge of a firearm in the general direction of a passer by who happens to be hit is not sufficient proof for 198 (1)(a).An intention to shoot that person must be established.

Question 9

Police v Parker

Answer 9

The words “in any manner whatever” can also include the use of firearms in ways in which they are not normally used, such as where a firearm is used as a club.

Question 10

What is a Constable

Answer 10

Under the Policing Act 2008 a constable means a Police employee who holds the office of constable. This includes a constable of any level within the NZ Police

Question 11

R v Kelt

Answer 11

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.

Question 12

Tuli v Police

Answer 12

Prima facie is circumstances which are sufficient to show or establish an intent in absence of evidence to the contrary.