Violence - Firearms CIB010

Question 1

Section 198(1)(a)(b)(c) CA1961

Answer 1

Discharges a Firearm / Doing a dangerous act with intent

With intent to do GBH

(a) Discharges any firearm, airgun or similar weapon at any person

(b) Sends or delivers to any person, or put into place any explosive or injurious substance

(c) Set fire to any property

14 years

Question 2

Section 198(2) CA 1961

Answer 2

Discharges a Firearm / Doing a dangerous act with intent

With intent to injure or reckless disregard for the safety of others

Does any of the following set out above.

7 Years

Question 3

Section 198A CA 1961

Answer 3

Using any firearm against law enforcement officer

Uses any firearm in any manner whatever

Against any constable, traffic officer, prison officer, acting in the course of his or her duty

knowing that or being reckless as to whether or not that person is a constable so acting

14 years

Question 4

Section 198A(2) CA 1961

Answer 4

Using a firearm against law enforcement

uses any firearm in any manner whatever

with intent

to resist the lawful arrest or detention of himself or another

10 years

Question 5

Section 198B (a) & (b) CA 1961

Answer 5

Commission of an imprisonable offence with a firearm

(a) in committing an imprisonable offence
uses a firearm

(b) while committing an imprisonable offence
has with him or her
A firearm which prima facie show an intention to use it in connection with an imprisonable offence

10 years

Question 6

Discharge

Answer 6

Is to fire or shoot

Question 7

Firearm

Answer 7

A firearm shoots a projectile by way of explosive, whereas an airgun shoots a projectile by way of compressed gas.

Question 8

Peeka boo

R v Pekepo

Answer 8

A reckless discharge of a firearm in the general direction of a passerby who happens to be hit is not sufficient proof. An intention to shoot that person must be established.

Question 9

Sends or delivers

Answer 9

Holds their ordinary meaning and may include situations where the victim receives a dangerous thing by mail or courier.

Question 10

Explosive

Answer 10

A substance or mixture capable of decomposition at such rate as to result in an explosion

Question 11

Injurious substance or device

Answer 11

Covers a range of things including anthrax, electricity, boiling water.

Question 12

Sets Fire

Answer 12

It is not necessary that the property is set alight. Melting or blistering paint is also sufficient.

Question 13

Property

Answer 13

Property includes any real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right or interest.
Setting fire to property will involve tangible material.

Question 14

Use in any manner whatever

Answer 14

Primary meaning in relation to a firearm is to fire it, however use in any manner whatever extends to a range of acts which fall short of shooting.

Question 15

R V Swain

Answer 15

To deliberately or purposefully remove a sawn off shotgun from a bag after being confronted by a constable amounts to the use of a firearm in the meaning of section 198A

Question 16

Constable

Answer 16

Constable means a Police employee who hold the office of constable and includes a constable who hols any level of position within the NZ Police.

Question 17

Acting in the course of their duties

Answer 17

Includes every lawful act while on duty and may include particular off duty acts.

Question 18

Simester and Brookbanks

Answer 18

knowing or correctly believing, you cannot know something that is false.

Question 19

Intent to resist lawful arrest or detention

Answer 19

You must prove that the defendant knew an attempt was being made to arrest or detain him.

Question 20

R v Fisher

Answer 20

For section 198(2) the crown must prove that the accused knew someone was attempting to arrest or detain him.

Question 21

Use any firearm

Answer 21

The definition is narrower that section 198A as it does not include “in any manner whatever”
The term includes firing or presenting, displaying it in a menacing manner, but may not extend to using it as a club.

Question 22

Has with him or her

Answer 22

The defendant must knowingly have custody and or control, it must be available to use at the time of the offence.

Question 23

R v Kelt

Answer 23

Having a firearm with him requires a close link and degree of immediate control.

Question 24

R v Cox

Answer 24

Possession has two elements, the first, the physical element is actual or potential physical custody or control. The second is the mental element, is a combination of knowledge and intention, knowledge in the sense of an awareness by the accused that the substance is in his possession and an intention to exercise control over it.

Question 25

Mere possession is not sufficient what must accompany the circumstances?

Answer 25

There must be an accompanying circumstances showing prima facie intention to use the firearm in the commission of the imprisonable offence.

Question 26

Prima Facie

Answer 26

Means at first appearance. Circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary.

Question 27

Military style semi auto firearm has what?

Answer 27

A semi auto firearm that has one or more of the following
- A folding or telescopic butt
- 0.22 mag holding over 15 rounds
- Other calibers holding over 7 rounds
- Bayonette lugs
- A flash suppressor
- One that has been declared as an MSSA by order under the arms act 1983

Question 28

Pistol

Answer 28

A pistol is a firearm designed or adapted to be held with one hand and includes all firearms under the length of 762mm in length.

Question 29

Restricted weapon

Answer 29

Any weapon that has been declared by the governor general to be a restricted weapon under section 4. Includes things like anti tank weapons, rocket launchers, grenades, mines, carbines, mortars etc

Question 30

Specially dangerous airgun

Answer 30

Airguns declared as specially dangerous ones under Section 4 by the governor general.

Question 31

Specified pre charge air rifles

Answer 31

Weapons that are not for use in paintball or airsoft sports.

Question 32

Driver - occupier

Answer 32

The driver of a vehicle or the occupier of a premise is deemed to be in possession of any firearm found therein, but not to the exclusion of others, unless he can prove it is not his property and was in the possession of someone else.

Question 33

Completion of offence

Answer 33

198(1)(a) requires actual discharge of a firearm at a person
Under 198(1)(b) it is not necessary for an explosion to occur. The offence is completed when the substance or device is delivered, or put in place. However it must have the capacity to explode or cause injury.