Firearms Flashcards by Matthew Strichen

Discharging firearm with intent
Section 
Act 
Penalty 
Ingredients

Section: 198(1)(a)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

With intent to do GBH
* ******
Discharges any firearm OR Airgun OR Similar weapon
* *******
At any person

How well did you know this?

Not at all

Perfectly

Ingredients - Definitions and case law

With intent to do GBH

Intent def
R V Mohan
R V Waaka
GBH def
DPP V Smith

How well did you know this?

Not at all

Perfectly

Ingredients - Definitions and case law

Discharges any firearm OR airgun OR similar weapon

Discharges

2. Firearm OR Airgun OR Similar weapon

How well did you know this?

Not at all

Perfectly

Ingredients - Definitions and case law

At any person

R V Pekepo

2. Person

How well did you know this?

Not at all

Perfectly

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

How well did you know this?

Not at all

Perfectly

R V Mohan

A decision to bring about, in so far as it lies within the accused power, the commission of the offence

How well did you know this?

Not at all

Perfectly

R V Waaka

A fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act

How well did you know this?

Not at all

Perfectly

GBH

GBH can be defined simply as harm that is really serious

How well did you know this?

Not at all

Perfectly

DPP V Smith

Bodily harm needs no explanation and grievous means no more and no less than really serios

How well did you know this?

Not at all

Perfectly

Discharges

To discharge in this context means to fire or shoot

How well did you know this?

Not at all

Perfectly

Firearm

Firearm
(a) means anything from which any shot, bullet, missile or other projectile can be discharge by force of explosive and
(b) Includes
(i) Anything that has been adapted so that it can be used to discharge a shot, bullet, missile or other projectile by force of explosive and
(ii) Anything which is not, for the time being capable of discharging any shot, bullet, missile or other projectile but which by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects would be a firearm within the meaning of paragraph (a) of this definition or sub-paragraph (i) of this paragraph and
(iii) anything (being a firearm within the meaning of paragraph (a) of this definition or sub-paragraph (i) of this paragraph) which is for the time being dismantled or partly dismantled and
(iv) any specially dangerous airgun
Section 2, Arms Act 1983

How well did you know this?

Not at all

Perfectly

Airgun

Airgun includes
(a) any air rifle
(b) any air pistol
(a) 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
Section 2, Arms Act 1983

How well did you know this?

Not at all

Perfectly

Similar weapon

How well did you know this?

Not at all

Perfectly

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

How well did you know this?

Not at all

Perfectly

Person

Gender neutral, proven by judicial notice or circumstancially

How well did you know this?

Not at all

Perfectly

Doing a dangerous act with intent
Section 
Act 
Penalty 
Ingredients

Section: 198(1)(b)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

With intent to do GBH
* ******
Sends or delivers OR puts in any place
* *******
Any explosive OR injurious substance or device

How well did you know this?

Not at all

Perfectly

Ingredients - Definitions and case law

Sends or delivers to any person

Sends to or delivers

2. Person

How well did you know this?

Not at all

Perfectly

Ingredients - Definitions and case law

Puts in any place

Puts in any place

How well did you know this?

Not at all

Perfectly

Ingredients - Definitions and case law

Any explosive

Explosive

2. completion of offence

Ingredients - Definitions and case law

injurious substance or device

injurious substance or device

2. completion of offence

Sends to or delivers

The term send or deliver take their ordinary meaning and may include situations where the victim receives a dangerous thing by mail or courier

Puts in any place

would take on its normal meaning and would include any place an item can be left

Explosive

Any substance or mixture or combination of substances which in it’s normal state is capable either of decomposition at such rapid rate as to result in an explosion or of producing a pyrotechnic effect, Includes: gun powder, gelignite, detonators Does not include: Firearms, fireworks
Section 2, Arms Act 1983

Injurious substance or device

The term “injurious substance or device” covers a range of things capable of causing harm to a person; for example a letter containing anthrax powder that is mailed to a political target

Completion of offence

Although offences under section 198(1)(a) require the actual discharge of a firearm at a person, under section 198(1)(b) it in not necessary for an explosion to occur; the offence is complete when an explosive or an injurious substance or device is sent, delivered or put in place. However, the substance must have the capacity to explode or cause injury

``` Doing a dangerous act with intent (sets fire) Section Act Penalty Ingredients ```

Section: 198(1)(c) Act: Crimes Act 1961 Penalty: 14 years Ingredients 1. With intent to do GBH * ********************** 2. Sets fire * *********************** 3. To any property

Ingredients - Definitions and case law | Sets fire

1. Sets fire

Ingredients - Definitions and case law | To any property

1. Property

Sets fire

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat

Property

Includes any real or personal property and any estate or interest in any real or personal property, money, electricity or any debt or any thing in action or any other right or interest Section 2, Crimes Act 1961

``` Uses any firearm against law enforcement officer Section Act Penalty Ingredients ```

Section: 198A(1) Act: Crimes Act 1961 Penalty: 14 years Ingredients 1. Uses any firearm in any manner whatever * ********************** 2. Against any Constable or any traffic officer or any prison officer acting in the course of his or her duty * *********************** 3. Knowing that OR being reckless whether or not that person is a Constable or traffic officer or prison officer so acting

Ingredients - Definitions and case law | Uses any firearm in any manner whatever

1. Uses in any matter whatever 2. Police V Parker 3. Firearm

Ingredients - Definitions and case law | Against any Constable or any traffic officer or any prison officer acting in the course of his or her duty

1. Against any Constable | 2. Acting in the course of his or her duty

Ingredients - Definitions and case law | Knowing that person is a Constable or traffic officer or prison officer so acting

1. Knowing that the person is a member of the police so acting 2. Knowing

Ingredients - Definitions and case law | Being reckless whether or not that person is a Constable or traffic officer or prison officer so acting

1. Reckless | 2. R V Harney

Against any Constable

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 Section 4, Police Act 2008

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 However, an officer who is acting unlawfully, cannot be said to be acting in the course of his or her duty****

Knowing that the 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.

Knowing

Knowing means knowing or correctly believing Simester and Brookbanks The defendant may believe something wrongly, but cannot know something that is false

Reckless

Acting "recklessly" involve consciously and deliberately taking an unjustifiable risk

R V Harney

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

``` Commission of an imprisonable offence with a firearm Section Act Penalty Ingredients ```

Section: 198B(1)(a) Act: Crimes Act 1961 Penalty: 10 years Ingredients 1. In committing any imprisonable offence * ********************** 2. uses any firearm

Ingredients - Definitions and case law | In committing any imprisonable offence

1. must be in the ..... | 2. Imprisonable offence

Ingredients - Definitions and case law | Uses any firearm

1. Uses | 2. Firearm

Must be in......

Must be in the commission of an imprisonable offence

Imprisonable offence

In the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment Section 5, Criminal Procedure Act 2011

Uses

Has a narrower meaning than 198A and includes firing or presenting a firearm, or displaying it in a menacing manner, but may not extend to the use of a firearm as a club