Firearms Flashcards
List discussion points for the element with intent to do grievous bodily harm from s198(1)(a).
Intent Mohan Waaka GBH DPP v Smith
Define discharges.
Discharges
To discharge in this context means to fire or shoot.
Define firearm.
Firearm, s2, Arms Act 1983
Firearm
(a) means anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive, and
(b) includes
i. anything that has been adapted so that it can be used to discharge a shot, bullet, missile or other projectile by force of explosive, and
ii. anything which is not for the time being capable of discharging any shot, bullet, missile or other projectile but which by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects would be a firearm within the meaning of paragraph (a) of this definition or sub paragraph (i) of this paragraph, and
(iii) anything (being a firearm within the meaning of paragraph (a) of this definition or sub paragraph (i) of this paragraph) which is for the time being dismantled or partially dismantled, and
(iv) any specially dangerous air gun.
Define air gun.
Air gun, s2, Arms Act 1983 Air gun includes a) any air rifle AND b) any air pistol AND c) any weapon from which, by the use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged.
Define similar weapon.
Similar weapon.
Discuss the element of At any person.
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 that person must be established.
Person
Gender neutral. Proven by judicial notice or circumstantially.
Give act etc. and ingredients for Doing dangerous act with intent.
Doing dangerous act with intent
s198(1)(b), CA 1961
14 yrs
With intent to do grievous bodily harm
Sends or delivers to any person or puts in any place
Any explosive or injurious substance or device.
Discuss the element ‘Uses any firearm in any manner whatever’, without the definition of firearm.
Use in any manner whatever
The primary meaning of the word “use” in relation to a firearm is to fire it, however the words “in any manner whatever” widen the definition to include a range of acts that stop short of actually shooting at an officer.
Police v Parker
“Use in any manner 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.
Discuss the element
Against any police officer acting in the course of his or her duty
Against any constable
s4, Police Act 2008
Constable means a Police employee who
a) holds the office of constable (whether appointed as a constable under the Police Act 1958 or this Act) AND
b) includes a constable who holds any level of position within the NZ Police.
Acting in the course of his or her duty
The term includes every lawful act which a constable does while on duty and may include acts done where the circumstances create a professional obligation for a Constable to exercise policing duties while off duty.
However an officer who is acting unlawfully cannot be said to be acting in the course of his or duty (if applicable).
Discuss the element Knowing that Or Being reckless as to whether or or not That the person is a Constable
Knowing that the person is a member of the Police so acting…
The accused must KNOW the victim is a police officer and KNOW that the officer is acting in the course of his or her duty or be reckless as to those facts.
Knowing
Knowing means knowing or correctly believing.
Simester and Brookbanks
The defendant may believe something wrongly, but cannot know something that is false.
OR
Reckless
A conscious and deliberate taking of an unjustified risk
R v Harney
Recklessness involves foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.
List act etc. and elements for Commission of an imprisonable offence with a firearm.
Commission of an imprisonable offence with a firearm
s198B(1)(a), CA 1961
10 yrs
In committing any imprisonable offence
Uses any firearm
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.
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.
Define police officer.
s4, Police Act 2008
Constable means a Police employee who
a) holds the office of constable (whether appointed as a constable under the Police Act 1958 or this Act) AND
b) includes a constable who holds any level of position within the NZ Police.
