FIREARMS - Ingredients => Definitions Flashcards
With intent to do GBH
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’s 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’.
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’.
RTS
Discharges any Firearm
OR
Airgun
OR
Similar weapon
Discharge
To “discharge” in this context means “to fire” or “shoot”.
Firearm - Section 2, Arms Act 1983
(a) Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive.
(b) Includes:
- Anything capable of doing so by adaption, completion, replacement of parts or repair of defect.
- Any dismantled firearm.
- Any specially dangerous airgun.
Airgun - Section 2, Arms Act 1983
Airgun 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.
OR
Similar weapon
RTS
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.
At any Person
Gender neutral, proven by judicial notice or circumstantial evidence. Must be an intention to shoot at that person.
With intent to do GBH
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’s 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’.
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’.
RTS
Sends or delivers to any person
OR
puts in any place
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.
Person:
Proven circumstantially or by judicial notice
OR
Puts in any Place:
Would take on it’s normal meaning and would include any place an item can be left
RTS
Any explosive
OR
Injurious substance or device
Explosive – Section 2, Arms Act 1983
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
OR
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.
RTS
Sets fire
Sets Fire:
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
To any property
(same as ‘Any Property’ from Arson)
Property – Section 2, Crimes Act 1961
Property includes any real or personal property and any estate or interest in any real or personal property, money, electricity and any debt, and any thing in action, and any other right or interest.
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 is equivalent to or means the same thing.
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 specially dangerous airgun.
RTS
Against any Constable,
acting in the course of his or her duty
Against any Constable
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
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.
(include only if related to the scenario)
However, an officer who is acting unlawfully, cannot be said to be “acting in the course of his or her duty.”
RTS
Knowing that the person is a Constable so acting
OR
Being reckless to whether or not that person is Constable so acting
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.
OR
Recklessness
A conscious and deliberate taking of an unjustifiable 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.
RTS
In committing any imprisonable offence
Must be in the commission of committing an imprisonable offence
An imprisonable offence
Secton 5, CPA, 2011
In the case of an individual an offence punishable by life imprisonment or a term of imprisonment
RTS
Uses any Firearm
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.
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.
RTS
Full definition of
**FIREARM **
as per Section 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 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) or subparagraph (i); and
**(iii) **Anything (being a firearm within the meaning of paragraph (a) or subparagraph (i)) which is for the time being d_ismantled or partially dismantled_; and
**(iv) **Any specially dangerous airgun
