Firearms offences Flashcards
Discharging a firearm or doing dangerous act with intent (Elements)
Section 198(1)(a) Crimes Act 1961
- With intent to do GBH
- Discharges any firearm or air airgun or other similar weapon
- At any person
Discharge (Definition)
Means to fire or shoot
Firearm (Definition)
Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive - Section 2 Arms Act 1983
Airgun (Definition)
Any weapon from which the use of gas or compressed air any shot, bullet or other projectile can be discharged - Section 2 Arms Act 1983
Intent (Definition)
Intention to commit the act and get a specific result
Intent (Case Law)
R v COLLISTER
Circumstantial evidence from which a defendants intent maybe inferred can include; actions/words before, during or after the event. Surrounding circumstances or the act itself
Intent - specifically shooting (Case Law)
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
GBH (Definition)
Harm that is really serious
GBH (Case Law)
DPP v SMITH
Bodily harm needs no explanation. Grievous means no more and no less than really serious
Discharging firearm or doing dangerous act with intent - Explosive (Elements)
Section 198(1)(b) Crimes Act 1961
- With intent to do GBH
- Sends or delivers to any person or puts in any place
- Any explosive or injurious substance or device
Explosive (Definition)
Any substance or mixture or combination of substances which is capable of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect - Section 2 Arms Act 1983
Injurious substance or device (Definition)
Things capable of causing harm. i.e Anthrax
198(1)(b) offence complete
The offence is complete when the item is sent. It has to be capable of causing injury - not fake
Discharging firearm doing dangerous act with intent - Reckless (Elements)
Section 198(2) Crimes Act 1961
- With intent to injure or With reckless disregard for the safety of others
- Does any of the acts referred to in sub-section1
Injure (Definition)
To cause actual bodily harm - Section 2 Crimes Act 1961
Injures (Case Law)
R v MCARTHUR
“Bodily Harm’ includes any hurt or injury to interfere with the health or comfort of the victim. It need not be permanent
Reckless (Definition)
Consciously and deliberately running a risk which is unreasonable in the circumstances
Reckless (Case Law)
CAMERON v R
The defendant recognised there was a real possibility his actions would bring about a proscribed result which was unreasonable given the circumstances
Using a firearm against any law enforcement officer (Elements)
Section 198A(1) Crimes Act 1961
- Using 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 person is a constable or Traffic officer or prison officer so acting
In any manner whatever (Definition)
Means using the firearm in a range of acts that stop short of actually shooting
Use in any manner whatever (Case Law)
POLICE v PARKER
Short of actually firing the weapon
R v SWAIN
To deliberately or purposely remove a sawn off shotgun from a bag after being confronted by or called upon by a police constable amounts to use of that firearm
Knowing (Case Law)
AP Simester and WJ
Brookbanks Principles of Criminal
Law (4th ed, Brookers, Wellington, 2012:
knowing or correctly believing”.
The defendant may believe something wrongly, but cannot ‘know’ something that is false”.
Constable (Definition)
Constable is a police employee who holds the office of constable - Section 4 Policing Act 1998
Using any firearm against law enforcement officer - Arrest (Elements)
Section 198A(2) Crimes Act 1961
- Uses any firearm in any manner whatever
- With intent to resist the lawful arrest or Detention of himself or herself or of any other person
Resist arrest (Definition)
The defendant must know an attempt is being made to arrest him or the person he is assisting
Resist lawful arrest or detention (Case Law)
FISHER v R
It is necessary in order to establish a charge under section 198A(2) for the crown to prove the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established
Has firearm with him (Case Law)
R v KELT
Very close physical link/degree of immediate control of firearm
Commission of a crime with a firearm (Elements)
Section 198B(1)(a) Crimes Act 1961
- In committing any imprisonable offence
- Uses any firearm
Uses any firearm (Definition)
Presenting or displaying in a menacing manner
Commission of a crime with a firearm - prima facie (Elements)
Section 198B(1)(b) Crimes Act 1961
- While committing any imprisonable offence
- Has any firearm with him/ or Her
- In the circumstances that prima facie show an intention to use it in connection with that imprisonable offence
Prima facie (Case Law)
TULI v POLICE:
Prima facie circumstances are those which are sufficient to show an intent in absence of evidence to the contrary
