Firearms Offences Flashcards
Discharging a Firearm with Intent
Crimes Act 61, s198(1)(a),
14 Years
- With intent (R v Pekepo) to do GBH (DPP v Smith)
- Discharges any
- firearm,
- airgun or
- other similar weapon - At any person
Intent
Firstly there must be an intention to commit deliberate act or omission and secondly, an intention to get a specific result.
R v Collister - circumstantial evidence
s198(1)(a) - intent to shoot must be established. Reckless discharge in the general direction is not sufficient proof (R v Pekepo)
Grievous Bodily Harm (GBH)
“harm that is really serious”
DPP v Smith
Discharges - firearm
“to fire or shoot”
Person
Gender neutral. Proven by judicial notice or circumstantially.
Firearm - definition
Arms Act 1983, s2
Firearms
(a) means anything from.which any shot, bullet, missile, or other projectile can be discharged by force of explosive; and
(b) include
(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
(iv) any specially dangerous airgun
Airgun - definition
Arms Act 1983, s 2
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 explosion), any shot, bullet, missile, or other projectile can be discharged
Doing Dangerous act with intent
Crimes Act 1961
Section 198(1)(b)
14 years
- With intent (R v Collister) to do GBH (DPP v Smith)
- Sends or delivers to any person OR puts in any place
- Any explosive OR injurious substance or device
Intent - Doesnt have to be received by the victim or doesnr have to cause harm but must be intended to cause harm
Sends to or delivers
The terms “send”and “deliver” take their ordinary meanings, and may include situations where the victim receives a dangerous thing my mail or courier
Puts in any place
Would take on its normal meaning and would include any place an item can be left
Explosive - definition
Arms act 1983, s 2
Any substance or mixture or combination of substances which in it’s normal state is capable either of decomposition at such a rapid rate as to result in an explosion or of producing a pyrotechnic effect,
Includes: gun powder, gelignite, detonators
Does not include: Firearms, fireworks
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 a place. However, the substance must have the capacity to explode or cause injury.
Doing dangerous act with intent - section 198(1)(c)
- With intent to do GBH
- Sets fire
- To any property
Sets Fire
Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat.
Property- definition
CA 61, s2
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 Against Law Enforcement Officer
Crimes Act 1961
s198A(1)
14 years
- Uses any firearm in any manner whatever
- Against any: Constable, or traffic officer, or prison officer, acting in the course of his or her duty
- Knowing that, or being reckless whether or not that the person is a Constable or traffic officer, or prison officer so acting
Uses in any manner 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 an officer.
Against any Constable
Constable 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
Sec. 4, Policing 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 scenerio)
Knowing that the person is a member of the Police 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.
Knowing
Knowing means “knowing or correctly believing… the belief must be a correct one, where the belief is wrong a person cannot know something:
Simester and Brookbanks
Commission of crime with a firearm - s198B(1)(a)
Crimes Act 1961,
s198B(1)(a)
10 years
Must be in the commission of an imprisonable offence
- In committing any imprisonable offence
- Uses any firearm
Eg kidnapping with a firearm pointed at them
Uses
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 the use of a firearm as a club.
Imprisonable offence - Criminal Procedure Act 2011, Section 5
In the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment.
Commission of crime with firearm -
CA, s198(1)(b)
- While committing any imprisonable offence
- Has any firearm with him or her
- In circumstance that prima facie show an intention to use it in connection with that imprisonable offence
Using any firearm against law Enforcement officer etc
CA, s198A(2)
- Used any firearm in any manner whatsoever
2. With intent to resist the lawful arrest or detention of himself, herself .or any other person
Discharging firearm with intent to Injure/reckless disregard
CA 61
s198(2)
- With intent to injure or with reckless disregard for the safety of others
- Discharges any
- firearm
- airgun
- similar weapon
OR
Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device - At/To any person
In circumstances that prima facie show….
Mere possession is insufficient, there must be accompanying circumstances showing a prima facie (at first appearance) intention to use the firearm in the comments of the imprisonable offence
Tuli v Police
Uses any firearm - 198B
Unlike 198A “uses any firearm” is not Accompanied by “in any manner whatever” so has a narrower meaning.
Includes firing or presenting or displaying it in a menacing manner but may not extend to using it as a club.