FIREARMS - Definitions Flashcards Preview

Ace Pre Req > FIREARMS - Definitions > Flashcards

Flashcards in FIREARMS - Definitions Deck (15)
Loading flashcards...
1
Q

COMMITING

A

COMMITING

Must be in the commission of committing a crime

2
Q

Imprisonable offence

A

An imprisonable offence

Normal meaning – any offence punishable by a term of imprisonment

3
Q

Firearm

A

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:

  1. Anything that has been adapted; and
  2. 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
  3. Anything dismantled or partially dismantled; and
  4. Any specially dangerous airgun.
4
Q

Airgun

A

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.
5
Q

Explosive

A

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

6
Q

Constable

A

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
7
Q

Acting in the course of their duty

A

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.”

8
Q

Knowing that the person is a constable so acting

A

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.

9
Q

Intent & Case Law

A

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.

10
Q

Reckless Disregard

A

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.

11
Q

Injure & Case Law

A

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.
12
Q

Grievous Bodily Harm & Case Law

A

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’.
13
Q

Uses

A

Uses

To “use” is to fire it.

14
Q

Uses in any manner whatever & Case Law

A

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.

15
Q

Has With Him & Case Law

A

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.