Uses Any Firearm Against Law Enforcement Officer

Question 1

Name the act and section for Uses any Firearm Against Law Enforcement Officer:

Answer 1

Section 198A(1) Crimes Act 1961

Question 2

What is the penalty for Uses Any Firearm Against Law a Enforcement Officer?

Answer 2

14 years

Question 3

Name the 3 ingredients for Uses Any Firearm Against Law Enforcement Officer:

Answer 3

1. Uses any firearm in any manner whatever
2. Against any Constable or Any Traffic Officer or Any Prison Officer acting in the course of his or her duty
3. Knowing that or Being reckless whether or not that the person is a Constable or traffic officer or prison officer so acting

Question 4

Define Use in any manner whatever:

Answer 4

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.

Question 5

Define Against Any Constable:

Answer 5

Constable means a 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 within the New Zealand Police
S4 Policing Act 2008

Question 6

Define Acting in the Course of His or Her Duty..

Answer 6

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.

Question 7

If a Constable is acting unlawfully..

Answer 7

it cannot be said to be “acting in the course of his or her duty”

Question 8

Define “Knowing that the person is a member of the police so acting”

Answer 8

The accused must know the victim is a police officer and know that the officer is acting in the course of his if her duty, or be reckless as to those facts.

Question 9

According to Simester and Brookbanks “Knowing” means..

Answer 9

Knowing means knowing or correctly believing. The belief must be a correct one, where the belief is wrong the person cannot know something.

Question 10

According to R v Harney Reckless means..

Answer 10

Recklessness means the conscious and deliberate taking of an unjustified risk. In New Zealand it involves proof that the consequence complained of could well happen, together with an intention to continue the course of conduct regardless of risk.