Violence - Firearms CIB010 Flashcards
Section 198(1)(a)(b)(c) CA1961
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
Section 198(2) CA 1961
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
Section 198A CA 1961
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
Section 198A(2) CA 1961
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
Section 198B (a) & (b) CA 1961
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
Discharge
Is to fire or shoot
Firearm
A firearm shoots a projectile by way of explosive, whereas an airgun shoots a projectile by way of compressed gas.
Peeka boo
R v Pekepo
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.
Sends or delivers
Holds their ordinary meaning and may include situations where the victim receives a dangerous thing by mail or courier.
Explosive
A substance or mixture capable of decomposition at such rate as to result in an explosion
Injurious substance or device
Covers a range of things including anthrax, electricity, boiling water.
Sets Fire
It is not necessary that the property is set alight. Melting or blistering paint is also sufficient.
Property
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.
Use in any manner whatever
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.
R V Swain
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
Constable
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.
Acting in the course of their duties
Includes every lawful act while on duty and may include particular off duty acts.
Simester and Brookbanks
knowing or correctly believing, you cannot know something that is false.
Intent to resist lawful arrest or detention
You must prove that the defendant knew an attempt was being made to arrest or detain him.
R v Fisher
For section 198(2) the crown must prove that the accused knew someone was attempting to arrest or detain him.
Use any firearm
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.
Has with him or her
The defendant must knowingly have custody and or control, it must be available to use at the time of the offence.
R v Kelt
Having a firearm with him requires a close link and degree of immediate control.
R v Cox
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.
Mere possession is not sufficient what must accompany the circumstances?
There must be an accompanying circumstances showing prima facie intention to use the firearm in the commission of the imprisonable offence.
Prima Facie
Means at first appearance. Circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary.
Military style semi auto firearm has what?
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
Pistol
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.
Restricted weapon
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
Specially dangerous airgun
Airguns declared as specially dangerous ones under Section 4 by the governor general.
Specified pre charge air rifles
Weapons that are not for use in paintball or airsoft sports.
Driver - occupier
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.
Completion of offence
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.
