Using Any Firearm Against Law Enforcement Officer

Question 1

Uses any Firearm Against Law Enforcement Officer (1)

Section and Penalty

Answer 1

Sec 198A(1) Crimes Act 1961

14 years imp

Question 2

Uses any Firearm Against Law Enforcement Officer (1)

Ingredients

Answer 2

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
4) The person is a constable or traffic officer or prison officer so acting

Question 3

Uses in any manner whatever

Answer 3

range of acts that stop short of actually shooting at an officer - handled or manipulated the firearm so as to convey an implied threat. Doesn’t have to be present or discharged.
R v Swain

Question 4

Firearm

Answer 4

Sec 2 Arms Act 1983

Firearm

a) Means anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and
b) Includes
i) Anything that has been adapted; and
ii) Anything which is not for the time being capable of, but which, by its completion or replacement of any component, or repair of any defect would be a firearm; and
iii) Anything dismantled or partially dismantled; and
iv) Any specially dangerous airgun

Question 5

R v Swain

Answer 5

To deliberately or purposely remove a sawn-off shotgun from a bag after being confronted by or called upon by a Police Constable amounts to a use of that firearm within the meaning of S198A CA 61.

Question 6

Against any Constable

Answer 6

Sec 4 Police Act 2008

Constable means a police employee who-

a) hold 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.

Question 7

Acting in the course of his or her duty

Answer 7

The term includes every lawful act which a constable does while on duty,

Of note

and may include acts done where the circumstances 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 or her duty.”(only if it relates to the scenario)

Question 8

3) Knowing that
OR
Being Reckless whether or not that the person is a constable so acting.

Of note only

Answer 8

Knowing that the person is a member of the police so acting:

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

Question 9

Simester and Brookbanks

Answer 9

Knowing means knowing or correctly believing.

The defendant may believe something wrongly, but can not know something that is false.

Question 10

R v Harney

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.”

Question 10

Uses any Firearm Against Law Enforcement Officer (2)

Section and Penalty

Answer 10

Section 198A(2)

10 years imprisonment

Question 11

Uses any Firearm Against Law Enforcement Officer (2)

Elements

Answer 11

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 13

Fisher v R

Answer 13

It is necessary in order to establish a charge under section 198A(2) for the crown to prove that the accused knew someone was attempting to arrest or detain him because otherwise the element of mens rea of intending to resist lawful arrest or detention cannot be established.

Question 14

Uses any Firearm against law enforcement officer (1) liability

Answer 14

198A(1)   14yrs
Use any firearm in any manner whatever
- meaning
- R v Swain
- Firearm S2
Against any PO or TO or PO
- Sec 4 Policing Act meaning
Acting in the course of his or her duty
- course of his or her duty meaning
- unlawful acting
Knowing that or being Reckless whether or not that person is a member of the P or TO or PO
- knowing they are a member of police
- Simester and Brookbanks 
- R v Harney (if reckless)

Question 15

Uses any firearm against law enforcement officer (2) Liability

Answer 15

198A(2).  10yrs
Uses any firearm in any manner whatever
-uses meaning
-R v Swain
-Firearm meaning
With intent to resist the the lawful arrest or detention
-intent
-fisher v R
Of himself or herself or any other person
-person meaning