Using Firearm Against Law Enforcement Officer

Question 1

Using Firearm against law enforcement officer (1) liability

Answer 1

s198A(1) Crimes Act 1961

• uses any forearm in any manner whatever
• against any constable or any traffic officer or any prison officer acting in the course of his or her duty
• knowing OR being reckless whether or not that person is a constable or traffic officer or a prison officer so acting

Question 2

In any manner whatsoever

Answer 2

it is sufficient if the defendant handled or manipulated the forearm so as to convey an implied threat

Question 3

R v Swain

Answer 3

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 s 198A Crimes Act 1961

Question 4

Police v Parker

Answer 4

“in any manner whatever” is to contemplate a situation short of actually firing the weapon and would include presenting it

Question 5

Constable as per Policing Act

Answer 5

means a police employee who

(a) holds the office of constable (whether appointed as a Constable under the policing act 1958 or this act) and
(b) includes a constable who holds any level of position within the new zealand police

Question 6

Knowing definition

Answer 6

knowing means “knowing or correctly belieivng” … the defendant may believe something wrongly but cannot ‘know’ something that is false

Question 7

Using Firearm against law enforcement officer (2) liability

Answer 7

s198A(2)

• uses any firearm in any manner whatever
• with intent to resist the lawful arrest or detention of himself or of any other person

Question 8

Fisher v R

Answer 8

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