Uses any firearm against law enforcement officer Flashcards
Section
198A(1) Crimes act 1961 - 14 years
Ingredients
1/Uses a firearm in any manner whatever
2/Against any constable acting the course of his or her duty
3/Knowing that OR being reckless whether or not that person is constable so acting
Use in any manner whatever
The primary meaning 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 shore of actually shooting at an officer
Police V Parker
” Use in manner whatever” is to contemplate a situation short of actually firing the weapon and to present a rifle too I think is the equivalent to or means the same thing…
Firearm
Firearm Sec 2 Arms Act 1983
Means anything from which any shot bullet missile or other projectile can be discharged by force of explosive and includes:
i) Anything that has been adapted
ii) Anything which is not for the time being capable but which by its completion or the replacement of any component or relparir of any defect would be a firearm
iii) Anything dismantled or partially dismantled
iiii) Any specially dangerous airgun.
Against any Constable acting in the course of his or her duty.
Constable means police employee who-
a)holds the office of constable ( whether appointed as a constable under the police Act 1958 or this Act);and
b)includes a constable who holds any level of position with the new zealand police
Sec 4 Police Act 2008
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.
Knowing that OR being reckless whether or not that person is a constable
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 means knowing or correctly believing
A person may believe something wrongly but they cannot know something that is false.
Reckless
Reckless
Recklessness involves consciously and deliberately taking an unjustifiable risk.
R V Harney
Recklessness involves foresight of dangerous consequences that could well happen together with an intention to continue the course of conduct regardless of the risk.
