Firearms Offences

Question 1

Discharging a Firearm with Intent

Answer 1

Crimes Act 61, s198(1)(a),
14 Years

1. With intent (R v Pekepo) to do GBH (DPP v Smith)
2. Discharges any
   - firearm,
   - airgun or
   - other similar weapon
3. At any person

Question 2

Intent

Answer 2

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)

Question 3

Grievous Bodily Harm (GBH)

Answer 3

“harm that is really serious”

DPP v Smith

Question 4

Discharges - firearm

Answer 4

“to fire or shoot”

Question 5

Person

Answer 5

Gender neutral. Proven by judicial notice or circumstantially.

Question 6

Firearm - definition

Answer 6

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

Question 7

Airgun - definition

Answer 7

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

Question 8

Doing Dangerous act with intent

Answer 8

Crimes Act 1961
Section 198(1)(b)
14 years

1. With intent (R v Collister) to do GBH (DPP v Smith)
2. Sends or delivers to any person OR puts in any place
3. 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

Question 9

Sends to or delivers

Answer 9

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

Question 10

Puts in any place

Answer 10

Would take on its normal meaning and would include any place an item can be left

Question 11

Explosive - definition

Answer 11

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

Question 12

Injurious substance or device

Answer 12

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 13

Completion of Offence

Answer 13

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.

Question 14

Doing dangerous act with intent - section 198(1)(c)

Answer 14

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

Question 15

Sets Fire

Answer 15

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

Question 16

Property- definition

Answer 16

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.

Question 17

Uses any Firearm Against Law Enforcement Officer

Answer 17

Crimes Act 1961
s198A(1)
14 years

1. Uses any firearm in any manner whatever
2. Against any: Constable, or traffic officer, or 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 18

Uses in any manner whatever

Answer 18

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.

Question 19

Against any Constable

Answer 19

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

Question 20

Acting in the course of his or her duty

Answer 20

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)

Question 21

Knowing that the person is a member of the Police so acting -

Answer 21

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.

Question 22

Knowing

Answer 22

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

Question 23

Commission of crime with a firearm - s198B(1)(a)

Answer 23

Crimes Act 1961,
s198B(1)(a)
10 years

Must be in the commission of an imprisonable offence

1. In committing any imprisonable offence
2. Uses any firearm

Eg kidnapping with a firearm pointed at them

Question 24

Uses

Answer 24

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.

Question 25

Imprisonable offence - Criminal Procedure Act 2011, Section 5

Answer 25

In the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment.

Question 26

Commission of crime with firearm -

CA, s198(1)(b)

Answer 26

1. While committing any imprisonable offence
2. Has any firearm with him or her
3. In circumstance that prima facie show an intention to use it in connection with that imprisonable offence

Question 27

Using any firearm against law Enforcement officer etc

CA, s198A(2)

Answer 27

1. Used any firearm in any manner whatsoever

2. With intent to resist the lawful arrest or detention of himself, herself .or any other person

Question 28

Discharging firearm with intent to Injure/reckless disregard

Answer 28

CA 61
s198(2)

1. With intent to injure or with reckless disregard for the safety of others
2. 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
3. At/To any person

Question 29

In circumstances that prima facie show….

Answer 29

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

Question 30

Uses any firearm - 198B

Answer 30

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.