Uses any Firearm Against Law Enforcement Officer

Question 1

Uses any Firearm Against Law Enforcement Officer

Answer 1

Section 198A (1) Crimes Act 1961

Question 2

Penalty

Answer 2

14 years

Question 3

Elements

Answer 3

1. Uses any firearm in any manner whatever
2. Against any Constable, or traffic officer, or any prison officer acting in the course of his/her duty
3. Knowing that OR being reckless whether or not that the person is a Constable, traffic officer, prison officer so acting

Question 4

Use in any manner whatever

Answer 4

The primary meaning of the word “use” is 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

Police v Parker

Answer 5

“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…

Question 6

Firearm

Answer 6

(a) Means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive

(b) Includes:
- (i) Anything that has been adapted so that it can be used to discharge a shot, bullet, missile or other projectile by force of explosive
- (ii) Anything which is not for the time being capable of discharging any shot bullet missile or other projectile but which by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects would be a firearm within the meaning of paragraph (a) of this definition or subparagraph (i) or this paragraph
- (iii) Anything (being a firearm within the meaning of paragraph (a) of this definition or sub paragraph (i) of this paragraph) which is for the time being dismantled or partially dismantled and
- (iv) Any specially dangerous air gun.
Section 2, Arms Act 1983

Question 7

Against any Constable

Answer 7

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 NZ Police

Section 4, Policing Act 2008

Question 8

Acting in the course of his/her duty

Answer 8

The terms includes every lawful act which a Constable does while on duty and may include acts done where the circumstance 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/her duty”

Question 9

Knowing that the person is a member of the Police so acting

Answer 9

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

Question 10

Knowing - Simester & Brookbanks

Answer 10

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

Question 11

R v Harney

Answer 11

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