FIREARMS - Definitions

Question 1

COMMITING

Answer 1

COMMITING

Must be in the commission of committing a crime

Question 2

Imprisonable offence

Answer 2

An imprisonable offence

Normal meaning – any offence punishable by a term of imprisonment

Question 3

Firearm

Answer 3

Firearm - Section 2, Arms Act 1983

Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive.

Includes:

• Anything capable of doing so by adaption, completion, replacement of parts or repair of defect.
• Any dismantled firearm.
• Any especially dangerous airgun.

Question 4

Airgun

Answer 4

Airgun - Section 2, Arms Act 1983

Airgun includes any air rifle and any air pistol and 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 5

Explosive

Answer 5

Explosive – Section 2, Arms Act 1983

Any substance or mixture or combination of substances which in its normal state is capable of either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect eg gun powder, gelignite.

Question 6

Constable

Answer 6

Constable - Section 4, Police Act 2008

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 New Zealand Police

Question 7

Acting in the course of their duty

Answer 7

Acting in the course of their 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.”

Question 8

Knowing that the person is a constable so acting

Answer 8

Knowing that the person is a constable 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.

SIMESTER & BROOKBANKS

Knowing means correctly believing. The defendant may believe something wrongly, but cannot know something that is false.

Question 9

Intent & Case Law

Answer 9

Intent

A person does something intentionally if they mean to do it, they desire a specific result and act with the aim or purpose of achieving it.

R v MOHAN

Intent involves a decision to bring about in so far as it lies within the accused power, the commission of the offence.

R v WAAKA

A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.

Question 10

Reckless Disregard & Case Law

Answer 10

Reckless Disregard

While it is necessary to prove that the defendant foresaw the risk of injury to others, it is not necessary that he recognized the extent of the injury that would result.

R V MOWATT

It is quite unnecessary that the accused should have foreseen that his unlawful act might cause physical harm of the gravity described in the section, i.e. a wound or serious physical injury. Foresight “that some physical harm to some person, albeit of a minor character, might result” is all that is required.

Question 11

Injure & Case Law

Answer 11

Injure – Section 2, Crimes Act 1961

To injure means to cause actual bodily harm.

R V DONOVAN

Bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. It need not be permanent but must be more than merely transitory or trifling.

Question 12

Grievous Bodily Harm & Case Law

Answer 12

Grievous Bodily Harm

GBH can be defined simply as harm that is really serious.

DPP V SMITH

‘Bodily harm’ needs no explanation, ‘grievous’ means no more and no less than ‘really serious’.

Question 13

Uses

Answer 13

Uses

The primary meaning of “use” is to fire it.

Question 14

Uses in any manner whatever & Case Law

Answer 14

Uses in any manner whatever

Can be used as a weapon in any way, including as a club.

POLICE v PARKER

Uses in any manner is to contemplate a situation short of actually firing the weapon and to present a rifle is equivalent to or means the same thing.

R V SWAIN

To use in any manner includes taking the firearm from a bag the offender has with him.

Question 15

Has With Him & Case Law

Answer 15

Has With Him

Must knowingly have the firearm with him.

R V KELT

Having firearm with him requires a very close physical link and a degree of immediate control over the weapon.