Firearms Flashcards
Definition Firearms
Anything from which any shot, bullet, missile, or other projectile can be discharged by force from. Includes adapted/repaired/dismantled or dangerous airgun
Definition Airgun
Anything from which compressed air or gas is used to discharge any shot, bullet, missile or projectile
Definition Explosive
Substance or mixture or combination of substances which in its normal state is capable of decomposition at such rapid rates as to result in an explosion or pyrotechnic effect
Mens Rea and Actus Rea for firearms offences
Both required for Section 198
Mens: intent to do GBH/Injure or reckless disregard
Actus: Discharge of forearm/deliver explosive
Definition of Discharge
To shoot or fire
Intent to Shoot
R V Pekapo
Must show intent to shoot victim under section 198(1). It is not sufficient for reckless if the suspect fires weapon in general direction of person who happens to be hit
Completion of an offence
Offence complete at discharge under 198(1)(a). Offence complete at delivery of explosive at 198(1)(b) however must be capable of explosion.
Definition of whatever manner
Police V Parker
Short of actually firing the weapon. To sue a firearm in a manner not normally used.
Definition of duty
Any lawful act while on duty or lawful and professional obligation to act while off duty.
Definition of resist arrest
Men’s rea
That the person was a police officer
Must know that an attempt was being made to arrest them
R V Kelt
Person must knowingly have firearm with them. A close physical link and degree of immediate control over weapon by offender must be shown.
Circumstances
Mere possession is not sufficient. Must have accompanying circumstances that Prima facia show intent to used firearm in commission of imprisonable offence
R V Tuli - circumstances are sufficient to show intent in absence of evidence to the contrary
Discharging Firearm or doing dangerous act with intent
Section 198(1)(a)
With intent to do GBH
Discharges any firearm/airgun/other similar weapon
At any person
Discharging firearm or doing dangerous act with intent
Section 198(1)(b)
With intent to do GBH
Sends/delivers any person or puts in any place
Any explosive or injurious substance
Uses any firearm against law enforcement officer
Section 198A(1)
Used any firearm in any matter whatever
Against any constable, traffic officer or prison officer
Acting in the course of his or her duty
Knowing that or being reckless to whether or not that the person
Is a constable, traffic officer or prison guard
