Firearms Offences Flashcards
What are the Ingredients for Section 198 - Discharging firearm or doing dangerous act with intent
DISCHARGING FIREARM or DOING DANGEROUS ACT WITH INTENT
Section 198(1)(a)
Crimes Act 1961
14 years
- With intent to do GBH
- Discharges any firearm, airgun, or other similar weapon
- At any person
Section 198(1)(b)
- With intent to do GBH
- Sends or delivers to any person, OR puts in any place
- Any explosive or injurious substance or device
Section 198(1)(c) 1. With intent to do GBH 2. Sets fire to any property ******************************************** Section 198(2)(a) 7 years
- With Intent to INJURE or RECKLESS DISREGARD for the safety of others
- Does any of the acts referred to in subsection (1) of this section.
What are the Ingredients for Section 198A - CA 1961
Using any firearm against law enforcement officer
Section 198A - 14yrs
(1) Uses any firearm in any manner whatever
2. Against any constable, or any traffic officer, or any prison officer
3. Acting in the course of his or her duty
4. Knowing that OR or being reckless whether or not
5. That person is a member of the Police or a traffic officer or a prison officer so acting.
********************************** Section 198A(2)
- 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.
What are the ingredients for Section 198B - CA 1961
Commission of an Imprisonable Offence with Firearm
Section 198B(1)(a)
Crimes Act 1961
10yrs
- In committing any imprisonable offence
- Uses any firearm
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Section 198B(1)(b)
Crimes Act 1961
10yrs - While committing any imprisonable offence
- Has any firearm with him or her
- In circumstances that prima facie show an intention to use it in connection that imprisonable offence.
Case Law
- DPP v Smith
- R v pekepo
DPP v SMITH
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”.
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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.
Case Law
- Rv Donovan
- R v Harney
R v DONOVAN
‘Bodily harm’ … includes any hurt or injury calculated to interfere with the health or comfort of [the victim] … it need not be permanent, but must, no doubt, be more than merely transitory and trifling.
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R v HARNEY
“[Recklessness involves] foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk.”
Case Law
- Police v Parker
- R v Kelt
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 …
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R v KELT
Having a firearm “with him” requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him”.
Case Law
- Tuli v Police
Definition for:
- Committing
- Imprisonable Offence
Tuli v POLICE
In this context the phrase “prima facie” means “at first appearance”.
Prima facie circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary.
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COMMITTING
Must be in the commission of committing an imprisonable offence
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IMPRISONABLE OFFENCE
Normal meaning - Any offence punishable by a term of imprisonment
Definition for:
- Firearm
- Airgun
* *******
FIREARM
a) 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 defect or defects, would be a firearm within the meaning of paragraph
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AIRGUN
(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:
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The term “firearm” and “airgun” are defined by Section 2 Arms Act 1983, the primary difference being that a firearm acts by force of explosive, whereas an airgun acts by force of compressed air or gas.
Definition for:
- Explosive
- Constable
EXPLOSIVE
Means 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
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CONSTABLE
Policing Act 2008 - s4
A Police employee who-
(a) holds the office of constable (whether appointed as a constable under the Police Act 1958 or this Act)
(b) includes a constable who holds any level of position within the New Zealand Police
Definition for:
- Acting in Execution of Duty
- Knowledge/Knowing
ACTING IN EXECUTION OF DUTY
The term includes every lawful act 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.
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KNOWLEDGE/KNOWING
The defendant 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.
Definition for:
- Intent
- Reckless Disregard
INTENT
Essentially, a person does something “intentionally” if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.
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RECKLESS DISREGARD
“recklessness” involves foresight that a consequence is likely to happen.
Definition for:
- Bodily Harm
- GBH
- Uses in any manner
- Has with him
BODILY HARM “Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”. ************************************** GBH harm that is really serious ************************************** USES IN ANY MANNER “in any manner whatever” widen the definition to include a range of acts that STOP SHORT OF ACTUALLY SHOOTING AT AN OFFICER.
It is sufficient if the defendant has HANDLED or MANIPULATED the firearm so as to convey an IMPLIED THREAT of its further use against the police officer. It is NOT NECESSARY that the firearm was PRESENTED at the officer or that it be DISCHARGED.
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HAS WITH HIM
Must knowingly have the firearm with him
