COMMITING
COMMITING
Must be in the commission of committing a crime
Imprisonable offence
An imprisonable offence
Normal meaning – any offence punishable by a term of imprisonment
Firearm
Firearm - Section 2, Arms Act 1983
Anything from which any shot, bullet, missile or other projectile can be discharged by force of explosive.
And includes:
- Anything that has been adapted; and
- Anything which is not capable, but by its completion or the replacement of any componant or repair of any defect, would be a firearm; and
- Anything dismantled or partially dismantled; and
- Any specially dangerous airgun.
Airgun
Airgun - Section 2, Arms Act 1983
Airgun includes
- Any air rifle; and
- Any air pistol and
- Any weapon by the use of gas or compressed air (and not by force of explosive), any shot bullet, missile or other projectile can be discharged.
Explosive
Explosive – Section 2, Arms Act 1983
Any substance or mixture or combination of substances which in its normal state is capable of 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 or fireworks
Constable
Constable - Section 4, Police Act 2008
means a Police employee who—
- Holds the office of constable; and
- Includes a constable who holds any level of position within the New Zealand Police
Acting in the course of their duty
Acting in the course of their duty
The term includes any lawful act which a constable does while on duty, and may include acts done while exercising 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 constable so acting
Knowing that the person is a constable so acting –
The accused must know
- The victim is a police officer acting in the course of his or her duty; or
- Be reckless as to those facts.
SIMESTER & BROOKBANKS
Knowing means correctly believing. The defendant may believe something wrongly, but cannot know something that is false.
Intent & Case Law
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
Intent involves a decision to bring about in so far as it lies within the accused power, the commission of the offence.
R v WAAKA
A fleeting or passing thought is not sufficient, there must be a firm intent or a firm purpose to effect an act.
Reckless Disregard
Reckless Disregard
While it is necessary to prove that the defendant foresaw the risk of injury to others, it is not necessary that he recognized the extent of the injury that would result.
Injure & Case Law
Injure – Section 2, Crimes Act 1961
To injure means to cause actual bodily harm.
R V DONOVAN
- Bodily harm includes any hurt or injury that interferes with the health or comfort of the victim.
- It need not be permanent
- But must be more than merely transitory or trifling.
Grievous Bodily Harm & Case Law
Grievous Bodily Harm
- Harm that is really serious.
DPP V SMITH
- ‘Bodily harm’ needs no explanation,
- ‘Grievous’ means no more and no less than ‘really serious’.
Uses
Uses
To “use” is to fire it.
Uses in any manner whatever & Case Law
Uses in any manner whatever
Can be used as a weapon in any way, including as a club.
POLICE v PARKER
Uses in any manner is short of actually firing the weapon and to present a rifle means the same thing.
Has With Him & Case Law
Has With Him
Must knowingly have the firearm with him.
R V KELT
Having a firearm with him requires a very close physical link and a degree of immediate control over the weapon.
