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Flashcards in Firearms Deck (19):
1

Ingredients

1) With intent to do GBH

2) Discharges any firearm, airgun or similar weapon

3) At any person

2

Penalty

14 years imprisonment

3

With intent to do GBH

Intent - a person does something intentionally if they mean to do it; they desire a specific result and act with the aim or purpose of achieving it.

R v Mohan ........

R v Waaka ........

GBH can be defined as harm that is really serious.

DPP v Smith - bodily harm needs no explanation and grievous means no more and no less than really seious

4

Discharges

To discharge in this context means to fire or shoot.

5

Firearm - 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 repair of any defect would be a firearm; and
iii) Anything dismantled or partially dismantled; and
iv) Any specially dangerous airgun

6

Airgun - Sec 2 Arms Act 1983

Airgun Includes -

a) Any air riffle; and
b) Any air pistol; and
c) Any weapon from which, by the use of gas or compressed air (and not by force of explosive), any shot, bullet, missile, or other projectile can be discharged

7

At Any Person

Gender neutral proven by judicial notice or circumstantial evidence.

R v Pekepo
A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established.

8

Uses any Firearm Against Law Enforcement Officer


Section

Sec 198A (1) Crimes Act 1961

9

Penalty

14 years imprisonment

10

Ingredients

1) Uses any firearm in any manner whatever
2) Against any constable acting in the course of his duty
3) Knowing that OR Being reckless whether or not that the person is a constable

11

Uses any Firearm in any manner whatever

Use in any matter whatever:
The primary meaning of the word 'use' in relation to a firearm is to fire it, however the words "in any manner whatever" widen the definition to include a range of acts that stop short of actually shooting at an officer.

Police v Parker:
Use in any manner whatever is to contemplate a situation short of actually firing the weapon ad to present a rifle too, I think, is equivalent to or means the same thing.

12

Firearm - 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 repair of any defect would be a firearm; and
iii) Anything dismantled or partially dismantled; and
iv) Any specially dangerous airgun

13

Against any Constable

Constable means a police employee who-

a) hold the office of constable (whether appointed as a constable under the Police Ac 1958 or this Act); and

b) includes a constable who holds any level of position within the New Zealand Police.

Sec 4 Police Act 2008

14

Acting in the course of his or her duty

The term includes every lawful act which a constable does while on duty, and may include acts done where the circumstances create a professional obligation for a Constable to exercise policing duties while off duty.

15

3) Knowing that or Being Reckless wether 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 means knowing or correctly believing.

Simester and Brookbanks: Principles of Criminal Law
A person may believe something wrongly but can not know something that is false.

Reckless
Consciously and deliberately taking an unjustifiable risk.

R v Harney
Recklessness involves foresight of the dangerous consequences that could well happen, together with an intention to continue the course of conduct, regardless of the risk.

16

What is the offence and ingredients for Sec 198 (2) Crimes Act 1961

Discharging Firearm With intent to injure

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

2) Discharges any firearm, airgun or other similar weapon at any person

17

Sec 198B (1)(b)

Has any firearm with him while committing any imprisonable offence.

R v Kelt states:

Having a firearm with him requires a very close physical link and a degree of immediate control over the weapon by the man alleged to have the firearm with him.

R v Kelt

18

In circumstances that prima facie show an intention to use it in connection with that imprisonable offence:

Tuli v Police

Prima facie circumstances are those which are sufficient to show or establish an intent in the absence of evidence to the contrary.

Tuli v Police

19

Discharging a Firearm with intent (to cause GBH)


Section:

Sec 198 (1)(a) Crimes Act 1961