Firearms

Question 1

Intent

Answer 1

In a criminal law context there are two specific types of intent, firstly the intention to commit an act and secondly an intention to get a specific result

Question 2

GBH

Answer 2

Harm that is really serious

Question 3

Case law related to GBH

Answer 3

DPP v SMITH

Bodily harm needs no explanation and grievous means no more and no less then really serious

Question 4

Discharge

Answer 4

to fire a shot

Question 5

Firearm

Answer 5

S2 arms act 1983

(a) Means anything from which a bullet, missile, shot or other projectile can be discharged by force of explosion and includes
(i) anything that has been adapted to discharge a BSMOP and
(ii) anything which is not for the time being capable of discharging a BSMOP but which by its completion or replacement of any component or repair of any defencts would be a firearm and
(iii) anything which is for the time being dismantled or partially dismantled and
(iv) any specially dangerous air gun

Question 6

air gun

Answer 6

S2 arms act 1983
any air rifle and
any air pistol and
any weapon by the use of gas or compressed air any BSMOP can be discharged

Question 7

Case law relating to discharging a firearm at any person

Answer 7

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

Question 8

sends to or delivers

Answer 8

send and deliver have their ordinary meaning.

Question 9

puts in any place

Answer 9

normal meaning and includes any place an item can be left

Question 10

explosive

Answer 10

S2 CA 1961
Any substance or mixture or combination of substances which in its natural form is capable of either decomposition at such rapid rate as to result in an explosion or produce a pyrotechnic effect.

includes: gunpowder, gelignite, detonators
Doesn’t include: firearms or fireworks

Question 11

injurious substance or device

Answer 11

covers a range of things capable of causing harm to a person

Question 12

completion of offence

Answer 12

it is not necessary for an explosion to occur. the offence is complete when an explosive or injurious substance or device i sent, delivered, or put in place however the substance must have the capability to explode or cause injury.

Question 13

sets fire to

Answer 13

fire is the result of the process of combustion, a chemical reaction between fuel and oxygen triggered by heat

Question 14

Use in any manner what ever

Answer 14

the primary meaning of use is to fire the weapon, 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

Question 15

Case law that relates to uses any firearm in what ever manner

Answer 15

Police v Parker
use in any manner whatever is to contemplate a situation short of actually firing the weapon and to present the rifle too, I think, is equivalent to or means the same thing

Question 16

Against any constable

Answer 16

S4 policing act 2008

Constable means a police employee who

(a) holds the office of constable and
(b) includes a constable who holds any level of position within the NZ police

Question 17

Acting in the course of his or her duty

Answer 17

the term includes every lawful act which a constable does while on duty, any may include acts done where 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

Question 18

Knowing that the person is a member of the police so acting

Answer 18

the accused must know that the victim is a police officer and know that the officer is acting in the course of his or her duty, or be reckless to those facts

Question 19

Knowing

Answer 19

Simster and Brookbank
Knowing means knowing or correctly believing, a belief must be a correct one, where the belief is wrong a person cannot know something.

Question 20

Case law relating to recklessness

Answer 20

R v Harney
Recklessness is the conscious and deliberate taking of an unjustified risk. In NZ it involved proof that the consequence complained of could well happen together with an intention to continue the conduct regardless of the risk

Question 21

In committing any imprisonable offence

Answer 21

must be in the commission of an offence

Question 22

Imprisonable offence

Answer 22

an offence punishable by imprisonment for life or a term of imprisonment

Question 23

Uses

Answer 23

Has a narrower meaning that 198A and includes firing or presenting a firearm, or displaying it in a menacing manner but may not extend to use of the firearm as a club