*Using any Firearm Against Law Enforcement Officer - s198A(1) & (2)

Question 1

Using any Firearm Against Law Enforcement Officer
- s198A(1)
- 14yrs

Answer 1

• Uses any firearm in any manner whatever
• Against any constable acting in the course of his or her duty
  (or any traffic officer, or any prison officer)
• Knowing that OR being reckless whether or not, that person is a constable so acting
  (or a traffic officer or a prison officer)

Question 2

Uses in any manner whatever

Answer 2

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 range of acts that stop short of actually shooting at an officer.

Possession of a firearm alone doesn’t constitute ‘use’, handling or manipulating it in a manner that conveys an implied threat may suffice.

Question 3

SWAIN

Answer 3

To deliberately remove a sawn-off shotgun from a bag after being confronted by or called upon by a Constable, amounts to a use of that firearm within the meaning of s198A CA61.

Question 4

Firearm
- s2 Arms Act 1983

Answer 4

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

Includes:

• Anything that’s been adapted so it can discharge a S/B/M/OP by force of explosive
• Anything which is not for the time being capable of discharging a S/B/M/OP but which, by its completion or the replacement of any component, or repair of any defect, would be a firearm
• Anything which is for the time being dismantled or partially dismantled
• Any specially dangerous airgun

Question 5

Constable
- s4 Policing Act 2008

Answer 5

Constable means a Police employee who holds the office of constable.

• Includes a constable who holds any level of position in the NZP.

Question 6

Acting in the course of duty

Answer 6

The term includes every lawful act a Constable does while on duty, and may include acts done by a Constable when exercising policing powers while off duty.

Question 7

Knowing

Answer 7

The defendant must know the victim is a police officer & know they’re acting in the course of their duty or be reckless to those facts.

Question 8

Knowing
- Simester & Brookbanks

Answer 8

Knowing means knowing or correctly believing… The defendant may believe something wrongly but cannot know something that is false.

Question 9

Using any Firearm Against Law Enforcement Officer
- s198A(2)
- 10yrs

Answer 9

• Uses any firearm in any manner whatever
• With intent to resist the lawful arrest or detention of himself or herself or of any other person

Question 10

FISHER

Answer 10

The Crown must prove the defendant knew someone was trying to arrest or detain him,

otherwise the mens rea of intending to resist lawful arrest or detention cannot be established.