Firearms offences

Question 1

Discharging a firearm or doing dangerous act with intent (Elements)

Answer 1

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

Question 2

Discharge (Definition)

Answer 2

Means to fire or shoot

Question 3

Firearm (Definition)

Answer 3

Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive - Section 2 Arms Act 1983

Question 4

Airgun (Definition)

Answer 4

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

Question 5

Intent (Definition)

Answer 5

Intention to commit the act and get a specific result

Question 6

Intent (Case Law)

Answer 6

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

Question 7

Intent - specifically shooting (Case Law)

Answer 7

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 8

GBH (Definition)

Answer 8

Harm that is really serious

Question 9

GBH (Case Law)

Answer 9

DPP v SMITH
Bodily harm needs no explanation. Grievous means no more and no less than really serious

Question 10

Discharging firearm or doing dangerous act with intent - Explosive (Elements)

Answer 10

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

Question 11

Explosive (Definition)

Answer 11

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

Question 12

Injurious substance or device (Definition)

Answer 12

Things capable of causing harm. i.e Anthrax

Question 13

198(1)(b) offence complete

Answer 13

The offence is complete when the item is sent. It has to be capable of causing injury - not fake

Question 14

Discharging firearm doing dangerous act with intent - Reckless (Elements)

Answer 14

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

Question 15

Injure (Definition)

Answer 15

To cause actual bodily harm - Section 2 Crimes Act 1961

Question 16

Injures (Case Law)

Answer 16

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

Question 17

Reckless (Definition)

Answer 17

Consciously and deliberately running a risk which is unreasonable in the circumstances

Question 18

Reckless (Case Law)

Answer 18

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

Question 19

Using a firearm against any law enforcement officer (Elements)

Answer 19

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

Question 20

In any manner whatever (Definition)

Answer 20

Means using the firearm in a range of acts that stop short of actually shooting

Question 21

Use in any manner whatever (Case Law)

Answer 21

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

Question 22

Knowing (Case Law)

Answer 22

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”.

Question 23

Constable (Definition)

Answer 23

Constable is a police employee who holds the office of constable - Section 4 Policing Act 1998

Question 24

Using any firearm against law enforcement officer - Arrest (Elements)

Answer 24

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

Question 25

Resist arrest (Definition)

Answer 25

The defendant must know an attempt is being made to arrest him or the person he is assisting

Question 26

Resist lawful arrest or detention (Case Law)

Answer 26

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

Question 27

Has firearm with him (Case Law)

Answer 27

R v KELT
Very close physical link/degree of immediate control of firearm

Question 28

Commission of a crime with a firearm (Elements)

Answer 28

Section 198B(1)(a) Crimes Act 1961
- In committing any imprisonable offence
- Uses any firearm

Question 29

Uses any firearm (Definition)

Answer 29

Presenting or displaying in a menacing manner

Question 30

Commission of a crime with a firearm - prima facie (Elements)

Answer 30

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

Question 31

Prima facie (Case Law)

Answer 31

TULI v POLICE:
Prima facie circumstances are those which are sufficient to show an intent in absence of evidence to the contrary