Firearms Offences Flashcards
Ingredients: uses any firearm against law enforcement officer
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.
Ingredients: commission of an imprisonable offense with a firearm?
S.198B (1)(a) 10 years
In committing any imprisonable offences
Uses any firearm
Ingredients: discharge firearm with intent to cause GBH? (a)(b)(c)
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.
Ingredients : doing a dangerous act with intent to injure
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.
Uses a firearm with intent to resist arrest
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.
R v Harney
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.
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.
DPP V smith
Bodily harm needs no explanation and grievous means no more and no less than really serious
R v pepeko
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.
Police v Parker
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.
R v Donovan
“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
Tuli v police
Prima facile in the circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary.
Has any firearm with him
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.
Ingredients:
Discharge a firearm with intent to injure (a)(b)(c)
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
define:
Firearm
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.
define airgun
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.
Define ingredient “at any person”
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.
define: “Sends or delivers to any person OR puts in any place”
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.
define explosive
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,
Define “any injurious substance or device”
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.
Define “sets fire to any property”
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.
Definition:
with intent to resist the lawful arrest of himself or any other person
it must be
roved that the defendant knew an attempt was being made to arrest or detain him or the person he was assisting
Define ingredient
in committing any imprisonable offence
Must be during the commission of an imprisonable offence.
imprisonable offence means any offence punishable by a term, or imprisonment.
Define ingredient
uses a firearm
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
Define ingredient
Has a firearm with him or her
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.
Define “Sets fire to”
FIRE
Fire is the result of the process of combustion the result of a chemical reaction between fuel and oxygen triggered by heat.
Define “Uses in any manner whatever”
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.
define ingredient “against any Constable:
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.
Define element “knowing that person to be a constable so acting”
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 ….
Define element: “Uses” in s.198B(1)(a)
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.
