Liability 198A(1)

Question 1

Uses any Firearm Against Law Enforcement Officer

Section and Penalty

Answer 1

Section 198A(1) Crimes Act 1961

14 Years Imprisonment

Question 2

Uses any Firearm Against law Enforcement Officer

Ingredients

Answer 2

.1 Uses any firearm in any manner whatever

.2 Against any Constable acting in the course of his or her duty

.3 Knowing that,

OR

Being reckless whether or not

That the person is a Constable

So acting

Question 3

.1 Uses any firearm in any manner whatever

Answer 3

Use 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 ranges of acts that stop short of actually shooting at an officer.

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“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…
Police v Parker

_____

Firearm:
(a) Anything from which any shot, bullet, missile, or other projectiles can be discharged by force of explosive; and
(b) includes -
(i) Anything that has been adapted; and
(ii) Anything which is not for the time being capable but which, by its completion or the replacement of any component or repair of any defects would be an firearm; and
(iii) Anything dismantled or partially dismantled; and
(iv) Any specially dangerous airgun.
Sec. 2, Arms Act 1983.

Question 4

.2 Against any Constable acting in the course of his or her duty

Answer 4

Constable:
Means a Police employee who -
(a) Holds the office of Constable (whether appointed under this act or under the Police Act 1958.
(b) Includes a Constable who holds any level of position within the New Zealand Police.
Sec. 4 Policing Act 2008

_____

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”.

Question 5

.3 Knowing that,

OR

Being reckless whether or not

That the person is a Constable

So acting

Answer 5

Knowing:
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.

_____

Knowing:
Knowing means knowing or correctly believing. The belief must be a correct one. Where the belief is wrong a person cannot know something.
Simester and Brookbanks

OR

Reckless:
Means the conscious and deliberate taking of an unjustified risk. It involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.
R v Harney