USING FIRARM AGAINST LAW ENFORCEMENT Flashcards
Section, Act, Penalty
Elements
198A(1) CA 1961 - 14yrs
(1)
Uses any firearm in any manner whatever
Against any Constable or any traffic officer or prison officer acting in the court of his or her duty
Knowing that OR being reckless whether or not that person is a member of the Police or a traffic officer or a prison officer so acting
In any manner whatever
Wide definition.
Include a range of acts that stop short of actually shooting at an officer.
Not necessary that it is presented or discharged.
Handling or manipulating the firearm in a manner that conveys an implied threat may suffice
Uses any Firearm in any manner whatever - Case Law
Parker
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.
Firearm
Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and Includes
- Anything adapted; and
- 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
- Anything dismantled or partially dismantled; and
- Any specially dangerous airgun
Constable
A police employee who holds the office of constable
includes a constable who holds any level of position within the NZ police
Removing sawn off - Case Law
Swain
To deliberately or purposely remove a swan-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 section 198A CA.
Acting in the course of his or her duty
Includes protecting life and property, preventing and detecting crime, apprehending offenders and keeping the peace.
Every lawful act a constable does while on duty.
Knowing that OR Being Reckless whether or not that the person is a constable so acting.
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.
Knowing - Case Law
Simester and Brookbanks
Knowing means knowing or correctly believing.The belief must be correct, if the belief is wrong you cannot know something.
Cameron
Recklessness is established if the Defendant
Section, Act, Penalty
Elements Resist
198A(2) CA 1961 -10yrs
Uses a firearm in any manner whatever
With intent to resist the lawful arrest or detention of himself, herself or any other person
Section, Act, Penalty
Elements Resist
198A(2) CA 1961 -10yrs
Uses a firearm in any manner whatever
With intent to resist the lawful arrest or detention of himself, herself or any other person
198A(2) - Case Law
Fisher
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.
