Firearms Offences

Question 1

Ingredients: uses any firearm against law enforcement officer

Answer 1

S.198A(1) 14 years

Uses any firearm in any manner whatever

Against any constable

Knowing that or being recklass as to whether he is a Constable so acting.

Question 2

Ingredients: commission of an imprisonable offense with a firearm?

Answer 2

S.198B (1)(a) 10 years

In committing any imprisonable offences

Uses any firearm

Question 3

Ingredients: discharge firearm with intent to cause GBH? (a)(b)(c)

Answer 3

S.198 (1)(a)(b)(c) 14y

With intent to do GBH

(a) Discharges any firearm, Airgun or similar weapon at any person.
(b) sends or delivers to a person or puts in any place any explosive, injurious substance or device.
(c) sets fire to any property.

Question 4

Ingredients : doing a dangerous act with intent to injure

Answer 4

s.198(2)

with intent to injure any person Or With reckless disregard for the safety of others.

(a) discharges any firearm or airgun or similar weapon at any person.
(b) sends or delivers to any person or puts in any place an explosive, injurious substance or device.
(c) sets fire to any property.

Question 5

Uses a firearm with intent to resist arrest

Answer 5

s. 198A (2)

Uses any firearm in any manner whatever.

With intent to resist the lawful arrest or detention of him/her or any other person.

Question 6

R v Harney

Answer 6

recklessness involves conciously and deliberatly taking an unjustified risk, in NZ it involves forsight of consequences that could well happen together with an intention to continue the course of action regardless of the risk.

Question 6

R V Kelt

Answer 6

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.

Question 7

DPP V smith

Answer 7

Bodily harm needs no explanation and grievous means no more and no less than really serious

Question 9

R v pepeko

Answer 9

A reckless discharge of a firearm in the general direction of a passerby who happens to be hit is not sufficient proof.

An intention to shoot that person must be established.

Question 10

Police v Parker

Answer 10

Use in any manner whatsoever 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.

Question 11

R v Donovan

Answer 11

“Bodily harm” includes any hurt or injury calculated to interfere with the comfort of the victim it need not be permanent but must no doubt be more then transitory or trifling

Question 12

Tuli v police

Answer 12

Prima facile in the circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary.

Question 13

Has any firearm with him

Answer 13

s. 198B(1)(b) While committing any imprisonable offense. Has a firearm with him/her. In circumstances that prima facie show an intention to use that firearm in connection to the imprisonable offense.

Question 14

Ingredients:

Discharge a firearm with intent to injure (a)(b)(c)

Answer 14

Discharge a firearm with intent to injure

S198 (2) (a) (b) (c)

7 Years

With intent to injure

Or

With reckless disregard for the safety of others

(a) Discharges any firearm at person
(b) Sends or delievers to any person

OR

puts in any place

any explosive or injurious devices

(c) sets fire to any

property

Question 15

define:

Firearm

Answer 15

Firearm s.2 FA83

(a) means anything from which any shot, bullet, missle or other projectile can be discharged by form of explosive, AND:
(b) Includes:
(i) anything that has been adapted. AND
(ii) anyhting which is not for the time being capable, but which by its completeion, or the replacment of any component, repair or defect would be a firearm. AND
(iii) anything dismantled or partially dismantled, AND
(c) any specially dangerous airgun.

Question 16

define airgun

Answer 16

Airgun s.AA83

Airgun includes any:

(a) air rifle
(b) air pistol
(c) any weapon from which by the use of gas or compressed air (and not form of explosive) any shot, bullt, missile or other projective can be discharged.

Question 17

Define ingredient “at any person”

Answer 17

R v pepeko

reckless discharge of a firearm in the general direction of a passerby who happens to be hit is not sufficient proof. An intention to shoot that person must be established.

Question 18

define: “Sends or delivers to any person OR puts in any place”

Answer 18

s.198(1)(b) 14 years

sends or delivers to any person

the term sends or delivers take on their normal meaning any may include situations where the victim receives a dangerous thing in the mail or by courier.

Any person: Gender neutral proven by judicial notice or circumstantially

Puts in any place

Would take on its normal meaning and include any place an item can be left.

Question 19

define explosive

Answer 19

explosive s.2AA83

any substance or mixture or combination of substances which in its normal state is capable of decomposition at such a rapid rate as to result in explosion, or of producing a pyrotechnic effect, includes gun powder, gelignite and detonators and does not include firearms or firewroks,

Question 20

Define “any injurious substance or device”

Answer 20

The term injurious subtance or device covers a range of things capable causing harm to a person, for example a letter containing anthrax poweder sent to a political target.

Completion of offence

allthough offences under s.198(1)(a) require the actual discharge of a firearm at a person under s.198(1)(b) it is not necessary for an explosion to occur. the offence os complete when an explosive or injurious device is sent, delivered or put in place, however the substance must have the capacity to explode or cause injury.

Question 21

Define “sets fire to any property”

Answer 21

s.198(1) (c) and s.198 (2) (c)

Sets fire

fire is the result of combustion, a checmical reaction between fuel and oxygen triggered by heat.

Any property s.2 CA61

INcludes any real or personal property or any estate or interest in any real or personal property, money, debt, electricity or any thing in action or any other right or interest.

Question 22

Definition:

with intent to resist the lawful arrest of himself or any other person

Answer 22

it must be

roved that the defendant knew an attempt was being made to arrest or detain him or the person he was assisting

Question 23

Define ingredient

in committing any imprisonable offence

Answer 23

Must be during the commission of an imprisonable offence.

imprisonable offence means any offence punishable by a term, or imprisonment.

Question 24

Define ingredient

uses a firearm

Answer 24

Uses has a narrower meaning than in s.198A and includes presenting or fireing a firearm and displaying it menacingly but may not extend to using it as a club.

firearm s2 AA83

a) means anything capable of discharging a shot, bullet, missile or other projectile by force or explosive and
i) anything adapted to discharge any S,B,M, or OP by force of explosive.
ii) anything which is not for the time being capable of discharging any S,B,M,OP but which by its competition or the replacement of any component part or parts or the correction of any repair or defect would be a firearm under the definition or paras a and 1, and
iii) anything being a firearm under paras a and i but for being dismantled or partially dismantled and
iv) any specially dangerous Airgun

Question 25

Define ingredient

Has a firearm with him or her

Answer 25

R v Kelt

having a firearm with him requires a close physical link and a degree of immediate control over the weapon by the person who it is alleged has the firearm with him.

Firearm s.2 AA83

a) means anything from which a bullet, shot, missile or other projectile can be discharged by force of explosive, and
i) anything that has been adapted to discharge any bullet, shot, missed or other projectile.

Ii) anything which is not for the time being capable of discharging any shot, bullet, missile or other projective but which by its completion or the replacement or any component part or parts or the correction of any repair or defect would be a firearm within the definition of para a and i.

iii) anything being a firearm within the definition of Parada and i which for the time being is dismantled or partially dismantled, and
iv) any specially dangerous Airgun.

Question 26

Define “Sets fire to”

Answer 26

FIRE

Fire is the result of the process of combustion the result of a chemical reaction between fuel and oxygen triggered by heat.

Question 27

Define “Uses in any manner whatever”

Answer 27

Uses in any manner 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.

Police V PARKER

Use in any manner whatever is to contemplate a situation short of actually firing the weapon and to present the rifle I think is the equivalent to or means the same thing.

Question 28

define ingredient “against any Constable:

Answer 28

Against any Police Officer:

s.4 Police Act 2004

A constable is a person who:

a) holds the rank of constable wether appointed under the police Act 1955 or this act
b) any constable holding a position at any level within the NZ Police

Acting in the Course of his Duty

The term includes every lawfull act which the constable does while on duty, and may include any act the constable does where circumstances create a professional obligation to exercise policing duties while of duty.

Question 29

Define element “knowing that person to be a constable so acting”

Answer 29

Knowing:

Simester and Brookanks “Knowing means knowing or correctly beleiving, the beleif must be a correct one, there the beleif is wrong a person cannot ‘know’ something.”

The accused must know the victim is a police officer and must know he is acting in the course of his duty or be recklass as to wether those are the facts.

OR

RECKLESS

R v HARNEY ….

Question 30

Define element: “Uses” in s.198B(1)(a)

Answer 30

Uses

Use has a narrower meaning then in s.198A and includes fireing or presenting a firearm or displaying it in a menancing manner but may not extend to use of the firearm as a club.