Liability definitions firearms

Question 1

With intent to do GBH

Answer 1

Intent
desire a specific result and act with the aim or purpose of achieving it

GBH
harm that is really serious

DDP v SMITH

Question 2

Discharge

Answer 2

To fire or shoot

Question 3

Firearm

Answer 3

s2 Arms Act 1983

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

Question 4

Airgun

Answer 4

s2 Arms Act 1983

air gun acts by force of compressed air or gas

Question 5

At any person

Answer 5

Gender neutral, proven by judicial notice or circumstantial evidence

Question 6

Use in any manner whatever

Answer 6

The primary meaning of the word “use” 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 an officer

Firearm - s2 Arms Act 1983

Anything from which a shot, missile or other projectile can be discharged by force or explosive

Question 7

Constable

Answer 7

s4 Police Act 2008
Means a police employee who

holds the office of constable and
includes a constable who holds any level of position within nz police

Question 8

Acting in the course of their duty

Answer 8

includes any lawful act a constable does on duty, and may include acts done off duty

However does not include an officer acting unlawfully

Question 9

Knowing that the person is a constable or so acting

Answer 9

SIMESTER and BROOKBANKS

Must KNOW that 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

Question 10

Being reckless to whether or not that person is a constable or so acting

Answer 10

a conscious and deliberate taking of an unjustifiable risk