Firearms Flashcards
Discharging a firearm with intent
Section and Penalty
Section 198(1)(a), Crimes Act 1961
14 years imprisonment
Discharging a firearm with intent
Ingredients
1) With intent to do GBH
2) Discharges any firearm, airgun or similar weapon
3) At any person
Intent
GBH
Intent - In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act, and secondly an intention to get a specific result.
GBH can be defined as harm that is really serious.
DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
Discharges
To discharge in this context means to fire or shoot.
Firearm
Sec 2 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; and
ii) Anything which is not for the time being capable of, but which, by its completion or replacement of any component, or repair of any defect would be a firearm; and
iii) Anything dismantled or partially dismantled; and
iv) Any specially dangerous airgun
Airgun
Sec 2 Arms Act 1983
Airgun Includes -
a) Any air riffle; 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
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.
Doing dangerous act with intent(sends)
Section and Penalty
Section 198(1)(b) Crimes Act 1961
14 years imp
Doing dangerous act with intent
Ingredients
With intent to do GBH
Sends or delivers to any person
or
Puts in any place
Any explosive
or
Injurious substance or device
Sends to or Delivers
The terms “send” and “deliver’’ take their ordinary meanings, and may include situations where the victim receives a dangerous thing by mail or courier
Puts in any place
Would take on it’s normal meaning and would include any place an item can be left
Explosive
Any substance or mixture or combination of substances which in its normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect,
Includes: gun powder, gelignite, detonators
Does Not Include: Firearms, fireworks
Sec.2, Arms Act 1983
Injurious Substance or Device
The term “injurious substance or device” covers a range of things capable of causing harm to a person; for example a letter containing Anthrax powder that is mailed to a political target.
Completion of Offence
Although offences under section 198{1)(a) require the actual discharge of a firearm at a person, under section 198(1 ){b) it is not necessary for an explosion to occur; the offence is complete when an explosive or an injurious substance or device is sent, delivered, or put in place. However, the substance must have the capacity to explode or cause injury.
Doing dangerous act with intent (sets fire to)
Section and penalty
198(1)(c) Crimes Act 1961
14 years
Doing a dangerous act with intent (sets fire to)
Ingredients
- With intent to cause GBH
- Sets fire
- To any property
Uses any Firearm Against Law Enforcement Officer
Section and Penalty
Sec 198A (1) Crimes Act 1961
14 years imp
Uses any Firearm Against Law Enforcement Officer
Ingredients
1) Uses any firearm in any manner whatever
2) Against any constable or any traffic officer or any prison officer acting in the course of his or her duty
3) Knowing that
OR
Being reckless whether or not
that the person is a constable or traffic officer or prison officer so acting
Uses any Firearm in any manner whatever
Use in any matter 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.
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 …”
Against any Constable
Constable means a police employee who-
a) hold the office of constable (whether appointed as a constable under the Police Ac 1958 or this Act); and
b) includes a constable who holds any level of position within the New Zealand Police.Sec 4 Police Act 2008
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 her duty.”
(only if it relates to the scenario)
3) Knowing that
OR
Being Reckless whether or not that the person is a constable so acting.
Knowing that the person is a member of the police so acting:
The accused must know the victim is a police officer an know that the officer is acting in the course of his or her duty, or be reckless to those facts.
Simester and Brookbanks: Principles of Criminal Law
Knowing means knowing or correctly believing.
The belief must be correct, if the belief is wrong you cannot know something.
R v Harney
“Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.”
Commission of an imprisonable offence with a firearm
Section and Penalty
Section 198B(1)(a)
10 years imp
Commission of an imprisonable offence with a firearm
Ingredients
In committing any imprisonable offence
Uses any firearm
In committing any imprisonable offence
Must be in the commission of an imprisonable offence
lmprisonable offence - section 5, Criminal Procedure Act 2011
In the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment
Uses
Has a narrower meaning than 198A and includes firing or presenting a firearm, or displaying it in a menacing manner, but may not extend to the use of a firearm as a club.
At Any Person
Gender neutral, proven by judicial notice or circumstantial evidence.
R v Pekepo
