Firearms Offences

Question 1

List ingredients for Discharging a Firearm with Intent s. 198(1)(a)

Answer 1

With intent to do GBH

Discharges any firearm, airgun or similar weapon

At any person

Question 2

What is the penalty for Discharging a Firearm with Intent s. 198(1)(a)

Answer 2

14yrs

Question 3

Name the ingredients for Doing Dangerous Act with Intent s.198(1)(b)

Answer 3

With intent to do GBH

Sends or delivers to any person OR Puts in any place

Any explosive OR injurious Substance or Device

Question 4

What is the penalty for Doing a Dangerous Act with Intent s.198(1)(b), CA 61

Answer 4

14yrs imprisonment

Question 4

What are the ingredients for Doing a Dangerous Act with Intent s.198(1(c), CA 61

Answer 4

With intent to do GBH

Sets fire

To any property

Question 5

What is the penalty for Doing a Dangerous Act with Intent s.198(1)(c), CA 61

Answer 5

14yrs imprisonment

Question 6

Name the ingredients for Uses Any Firearm Against Law Enforcement Officers s.198A(1) CA 61

Answer 6

Uses any firearm in any manner whatever

Against any Constable OR Prison Officer, acting in the course of his duty

Knowing that OR Being reckless whether or not

That the person is a Constable so acting

Question 7

What is the penalty for Uses Any Firearm Against Law Enforcement Officers s.198A(1) CA 61?

Answer 7

14yrs imprisonment

Question 8

What are the ingredients to Commission of an Imprisonable Offence with a Firearm s.198B(1)(a), CA 61

Answer 8

In committing any imprisonable offence

Uses any firearm

Question 9

Define “Discharges”

Answer 9

Means to fire or shoot

Question 10

Define “Firearm s.2, Arms Act 1984”

Answer 10

Anything from which any shot bullet, missile, or other projectile can be discharged by force of explosive

Includes

Anything that has been adapted

Anything which is not for the time being capable but which by its completion of he replacement of any component

Repair or any defect would be a firearm

Anything dismantled or partially dismantled

Any specially dangerous airgun

Question 11

Define “Airgun s.2, Arms Act 1983

Answer 11

Includes

• Any air rifle
• Any air pistol
• Any weapon that uses gas or compressed air(not force by explosive) any shot, bullet, missile, or other projectile can be discharged

Question 12

Name the case law for “Reckless discharge”

Answer 12

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 13

Definition of Constable s.4, Policing Act 2008

Answer 13

Holds the office of Constable and

Includes a Constable who holds any level of position within the NZ police