Firearms Offences Flashcards
Discharging a Firearm with Intent
Section, Act, Imprisonment
Ingredients
**Discharging a Firearm with Intent** Section 198(1)(a), Crimes Act 1961, 14 years imprisonment
Ingredients
With intent to do Grievous Bodily Harm
Discharges any firearm, airgun or similar weapon
At any person
Discharging a Firearm with Intent
Section 198(1)(a), Crimes Act 1961,
14 years imprisonment
List the Ingredients along with titles of definitions and case law
Discharging a Firearm with Intent
Section 198(1)(a), Crimes Act 1961,
14 years imprisonment
Ingredients
With intent to do Grievous Bodily Harm
Intent
R v Mohan
R v Waaka
GBH
DPP v Smith
Discharges any firearm, airgun or similar weapon
Discharges
Firearm
Airgun
At any person
R v Pekepo
Person
Definition of intent and caselaw
Intent
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.
R v Mohan
Intent involves “a decision to bring about, in so far as it lies within the accused’s ower, the commission of the offence…”
R v Waaka
A “fleeting or passing thought” is not sufficient; there must be a firm intent or a firm purpose to effect and act.
Definition of Grievous Bodily Harm and caselaw
Grievous Bodily Harm:
Grievous bodily harm can be defined simply as “harm that is really serious.”
DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious.”
Definition of discharges
Discharges:
To “discharge” in this context means “to fire or shoot.”
the definition of a “Firearm” plus section and act.
Firearm - Sec. 2, 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 defect or 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:
The Defination of a “Airgun” Plus section and act.
Airgun - Sec. 2, 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:
Case law “R v Pekepo” in relation to any person
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.
Uses any Firearm Against Law Enforcement Officer
Section, Act, Imprisonment
Ingredients
**_Uses any Firearm Against Law Enforcement Officer_** Section 198A(1), Crime Act 1961, 14 years imprisonment
Ingredients
Uses any firearm in any manner whatever
Against any Constable,
or
any traffic officer,
or
any prison officer acting in the course of his or her duty
Knowing that,
Or
Being reckless whether or not that the person is a Constable
or
traffic officer,
or
prison officer so acting
Uses any Firearm Against Law Enforcement Officer
Section 198A(1), Crime Act 1961,
14 years imprisonment
List the Ingredients along with titles of definitions and case law
Uses any Firearm Against Law Enforcement Officer
Section 198A(1), Crime Act 1961,
14 years imprisonment
Ingredients
Uses any firearm in any manner whatever
Use in any manner whatever
Police V Parker
Firearm - S.2 Arms act 1983
Against any Constable,
Against any constable - S.4 Policeing Act 2008
or
any traffic officer,
or
any prison officer
acting in the course of his or her duty
acting in the course of his or her duty
Knowing that,
Know that the person is a membe rof the Polcie so acting
Knowing - Simester and brookbanks
Or
Being reckless whether or not that the person is a Constable
Recklessness
R v Harney
or
traffic officer,
or
prison officer so acting
Describe “Use in any matter whatever” in using a firearm.
Use in any matter whatever
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.
# Define the caselaw **_"Police v Parker"_** in relation to, Uses any firearm in any manner whatever.
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…
Whats the definition of a “Constable” including section and act.
Against any Constable Sec. 4, Police Act 2008
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
Whats the defination for “Acting in the course of his or her duty”, in, Uses any Firearm Against Law Enforcement Officer
Acting in the course of his or her duty
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)
Whats the defination of
Knowing that the person is a member of the Police so acting
in relation to
Uses any Firearm Against Law Enforcement Officer
Knowing that the person is a member of the Police so acting –
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.
