Firearms offences

Question 1

Section 198(1)(a), Crimes Act 1961

Answer 1

Discharging a Firearm with Intent

Question 2

‘Discharging a firearm with intent’ penalty

Answer 2

14 years

Question 3

‘Discharging a firearm with intent’ elements

Answer 3

1. With into to do grievous bodily harm
2. Discharges any firearm, airgun or similar weapon
3. At any person

Question 4

‘Intent’ definition

Answer 4

In a criminal law context, there are two specific types of intention in an offence. Firstly, there must be an intention to commit the ac and secondly, an intent to get a specific result.

Question 5

‘Grievous bodily harm’ definition

Answer 5

Grievous bodily harm can be defined as “harm that is really serious”

Question 6

‘Grevious bodily harm’ definition Case Law

Answer 6

DPP v Smith
“Bodily harm” needs no explanation and “grevious” means no more and no less than “really serious”

Question 7

‘Discharge’ definition

Answer 7

To “discharge” in this context means “to fire or shoot”

Question 8

‘Firearm’ definition

Answer 8

s2, 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 defects, would be a firearm within the meaning of paragraph (a) of this definition or subparagraph (i) of this paragraph; and
(iii) Anything (being a firearm within the meaning of paragraph (a) of this definition or subparagraph (i) of this paragraph) which is for the time being dismantled or partially dismantled; and
(iv) Any specially dangerous airgun

Question 9

‘Airgun’ definition

Answer 9

s2, 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

Question 10

‘At any person’ Case Law (discharge of a firearm with intent)

Answer 10

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 11

Section 198(1)(b), Crimes Act 1961

Answer 11

Doing dangerous act with intent (explosive or injurious substance or device)

Question 12

‘Doing dangerous act with intent’ penalty (explosive or injurious substance or device)

Answer 12

14 years

Question 13

‘Doing dangerous act with intent’ elements (explosive or injurious substance or device)

Answer 13

1. With intent to do grievous bodily harm
2. Sends or delivers to any person OR puts in any place
3. Any explosive OR injurious substance or device

Question 14

‘Sends or delivers’ defintion

Answer 14

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

Question 15

‘Puts in any place’ definition

Answer 15

Would take on it’s normal meaning and would include any place an item can be left

Question 16

‘Explosive’ definition

Answer 16

s2, 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

Question 17

‘Injurious substance or device’ definition

Answer 17

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 18

‘Doing dangerous act with intent’ completion of offence

Answer 18

Although offences under s198(1)(a) require the actual discharge of a firearm at a person, under s198(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.

Question 19

Section 198(1)(c), Crimes Act 1961

Answer 19

Doing dangerous act with intent (sets fire)

Question 20

‘Doing dangerous act with intent’ penalty (sets fire)

Answer 20

1. With intent to do grievous bodily harm
2. Sets fire
3. To any property

Question 21

‘Sets fire’ definition

Answer 21

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

Question 22

‘Property’ definition

Answer 22

s2, 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.

Question 23

Section 198A(1), Crimes Act 1961

Answer 23

Uses any firearm against law enforcement officer

Question 24

‘Uses any firearm against law enforcement officer’ Penalty

Answer 24

14 years

Question 25

‘Uses any firearm against law enforcement officer’ elements

Answer 25

1. Uses any firearm in any manner whatever
2. Against any Constable, OR any traffic officer OR any prison officer, acting int he 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 26

‘Use in any manner whatever’ definition

Answer 26

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.

Question 27

‘Use in any manner whatever’ Case Law

Answer 27

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

Question 28

‘Constable’ definition

Answer 28

s4, Policing Act 2008
Constable means a Police employee who-
(a) holds the office of constable (whether appointed 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 29

‘Acting in the course of his or her duty’ definition

Answer 29

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 SCENARIO)

Question 30

Is an officer acting unlawfully, still acting in the course of his or her duty?

Answer 30

No.

Question 31

‘Knowing that the person is a member of the Police so acting’ - KNOW definition

Answer 31

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 32

‘Reckless’ Case Law

Answer 32

R v Harney
Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand, it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.

Question 33

Section 198B(1)(a), Crimes Act 1961

Answer 33

Commission of an imprisonable offence with a firearm

Question 34

‘Commission of an imprisonable offence with a firearm’ Penalty

Answer 34

10 years

Question 35

‘Commission of an imprisonable offence with a firearm’ elements

Answer 35

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

Question 36

‘Imprisonable offence’ definition

Answer 36

s5, Criminal Procedure Act 2011
In the case of an individual, an offence is punishable by imprisonment for life or by a term of imprisonment

Question 37

‘Uses’ definition

Answer 37

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