Firearms Flashcards
Define ‘discharges’
Discharges:
To discharge in this context means “to fire or shoot”
In relation to S198(1)(a) CA61 what it the definition of “at any person”. Support with case law
Person:
Gender neutral. prove by judicial notice or circumstantially.
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.
Define the element ‘uses any firearm in any manner whatever’. Support your answer with case law.
Uses in any manner 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
“Uses 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.
Define ‘Constable’ in relation to S198A(1) CA61
Constable means a police employee who-
(a) holds the office of constable (whether appointed as a constable under the Police act 1958 or this Act);
AND
(b) Includes a constable who holds any level of position within the New Zealand Police
S4 police Act 2008
Define the element ‘knowing that the person is a Constable so acting’. Support with case law.
Knowing that person is a member of the Police so acting:
The accused must know the victim is a police officer and know that the officer is acting in the course of his or her duty, or be reckless as to those facts.
Knowledge:
Knowing means knowing or correctly believing.
The defendant may believe something wrongly, but cannot “know” something that is false.
Simester and Brookbanks: Principals of Criminal Law
What is the definition of ‘in committing any imprisonable offence’
In committing an imprisonable offence:
Must be in the commission of an imprisonable offence.
Imprisonable Offence S5 Criminal Procedure Act 2011
In the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment.
