Firearms

Question 1

Discharging a firearm with intent

Section and Penalty

Answer 1

Section 198(1)(a), Crimes Act 1961

14 years imprisonment

Question 2

Discharging a firearm with intent

Ingredients

Answer 2

1) With intent to do GBH
2) Discharges any firearm, airgun or similar weapon
3) At any person

Question 3

Intent

GBH

Answer 3

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.

Question 4

DPP v Smith

Answer 4

“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.

Question 5

Discharges

Answer 5

To discharge in this context means to fire or shoot.

Question 6

Firearm

Answer 6

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

Question 7

Airgun

Answer 7

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

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. An intention to shoot that person must be established.

Question 9

Doing dangerous act with intent(sends)

Section and Penalty

Answer 9

Section 198(1)(b) Crimes Act 1961

14 years imp

Question 10

Doing dangerous act with intent

Ingredients

Answer 10

With intent to do GBH

Sends or delivers to any person
or
Puts in any place

Any explosive
or
Injurious substance or device

Question 11

Sends to or Delivers

Answer 11

The terms “send” and “deliver’’ take their ordinary meanings, and may include situations where the victim receives a dangerous thing by mail or courier

Question 12

Puts in any place

Answer 12

Would take on it’s normal meaning and would include any place an item can be left

Question 13

Explosive

Answer 13

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

Question 14

Injurious Substance or Device

Answer 14

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.

Question 15

Completion of Offence

Answer 15

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.

Question 16

Doing dangerous act with intent (sets fire to)

Section and penalty

Answer 16

198(1)(c) Crimes Act 1961

14 years

Question 17

Doing a dangerous act with intent (sets fire to)

Ingredients

Answer 17

1. With intent to cause GBH
2. Sets fire
3. To any property

Question 18

Uses any Firearm Against Law Enforcement Officer

Section and Penalty

Answer 18

Sec 198A (1) Crimes Act 1961

14 years imp

Question 19

Uses any Firearm Against Law Enforcement Officer

Ingredients

Answer 19

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

Question 20

Uses any Firearm in any manner whatever

Answer 20

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.

Question 21

Police v Parker

Answer 21

“ ‘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 …”

Question 22

Against any Constable

Answer 22

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

Question 23

Acting in the course of his or her duty

Answer 23

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)

Question 24

3) Knowing that
OR
Being Reckless whether or not that the person is a constable so acting.

Answer 24

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.

Question 25

Simester and Brookbanks: Principles of Criminal Law

Answer 25

Knowing means knowing or correctly believing.

The belief must be correct, if the belief is wrong you cannot know something.

Question 26

R v Harney

Answer 26

“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.”

Question 27

Commission of an imprisonable offence with a firearm

Section and Penalty

Answer 27

Section 198B(1)(a)

10 years imp

Question 28

Commission of an imprisonable offence with a firearm

Ingredients

Answer 28

In committing any imprisonable offence

Uses any firearm

Question 29

In committing any imprisonable offence

Answer 29

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

Question 30

Uses

Answer 30

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.

Question 31

At Any Person

Answer 31

Gender neutral, proven by judicial notice or circumstantial evidence.

R v Pekepo