Firearms Offences

Question 2

Which offence is covered under S. 198(1) CA 1961?

Answer 2

Discharging firearm or doing dangerous act with intent to GBH

Question 3

What are the elements of Discharging firearm or doing dangerous act with intent to GBH?

Answer 3

With intent to do GBH:

(a) Discharges any firearm, airgun or other similar weapon at any person; or

(b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or

(c) Sets fire to any property

Question 4

Which section of the Crimes Act 1961 covers Discharging firearm or doing dangerous act with intent to GBH?

Answer 4

S. 198 (1) (a,b or c)

Question 5

Define ‘Discharge’

Answer 5

To fire or shoot

Question 6

Define ‘Firearm’

Answer 6

Anything from which any shot, bullet, missile or other projective can be discharged by force of explosive, including anything that has been adapted to do the above, anything not for the time being capable but upon completion, repair or reassembly, would be capable of doing the above, or any specially dangerous airgun

Question 7

Define ‘Sends’

Answer 7

By mail or courier

Question 8

Define ‘Delivers’

Answer 8

Personally transports

Question 9

Define ‘Explosive’

Answer 9

Any substance or material capable of exploding

Question 10

Define ‘Property’

Answer 10

Any real and personal property, including any interest in any real or personal property

Question 11

R v Pekepo

Answer 11

A reckless discharge in the general direction of a passer-by who happens to be hit is insufficient, an intention to shoot the person must be established

Question 12

Which section of the Crimes Act 1961 covers Discharging firearm or doing dangerous act with intent to Injure, or with Reckless disregard?

Answer 12

S. 198 (2) (a, b or c)

Question 13

Elements of Discharging firearm or doing dangerous act with intent to Injure, or with Reckless disregard?

Answer 13

With intent to injure, OR with reckless disregard:

(a) Discharges any firearm, airgun or other similar weapon at any person; or

(b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or

(c) Sets fire to any property

Question 14

R v Collister

Answer 14

Intent can be inferred by actions/words before, during and after the act, the surrounding circumstances and the nature of the act itself

Question 15

DPP v Smith

Answer 15

“Bodily harm” needs no further explanation and “Grevious” means harm that is really serious

Question 16

R v Donovan

Answer 16

Bodily harm is anything calculated to interfere with health or comfort, need not be permanent but must be more than trifling

Question 17

Cameron v R

Answer 17

Defendant recognised the real possibility that their actions would bring about the proscribed result, and/or the proscribed circumstances existed, and having regard to that risk those actions were unreasonable. Subjective test: What was the defendant thinking at the time, where they aware of the risk. Objective test: What would a reasonable person think/do in the same circumstances

Question 18

Define ‘Reckless Disregard’

Answer 18

Deliberate taking of an unreasonable risk

Question 19

Which section of the Crimes Act 1961 covers Using any firearm against Law Enforcement Officer?

Answer 19

S. 198A (1)

Question 20

Elements of Using any firearm against Law Enforcement Officer?

Answer 20

Uses any firearm in any manner whatever

Against any Constable, Traffic Officer or Prison Officer

Acting in the course of their duty

Knowing that, or being reckless whether or not that person is a Constable, Traffic Officer or Prison Officer so acting

Question 21

Case law for ‘Uses in any manner whatever’

Answer 21

R v Swain: To deliberately or purposely remove a sawn-off shotgun from a bag after being confronted by or called upon by a Police Constable amounts to a use of that firearm within the meaning of S. 198A Crimes Act 1961

Question 22

Define ‘Constable’

Answer 22

S. 4 of the Policing Act 2008; a Police employee who holds the office of Constable and includes a Constable who holds any level of position within the New Zealand Police

Question 23

Define ‘Knowing’

Answer 23

Knowing or correctly believing; the defendant may believe something wrongly but cannot ‘know’ something that is false

Question 24

Which section of the Crimes Act 1961 covers Using any firearm against Law Enforcement Officer - Intent to Resist?

Answer 24

S. 198A (2)

Question 25

Elements of Using any firearm against Law Enforcement Officer - Intent to Resist?

Answer 25

Uses any firearm in any manner whatever With intent to resist the lawful arrest or detention of themselves or any other person

Question 26

Case law for ‘Intent to resist lawful arrest / detention’?

Answer 26

Fisher v R: Under S. 198A(2), must prove that the accused knew someone was attempting to arrest or detain them in order to establish their mens rea as intending to resist lawful arrest or detention

Question 27

What section of the Crimes Act 1961 covers Commission of an imprisonable offence with firearm - uses any firearm?

Answer 27

S. 198B (1) (a)

Question 28

Elements of Commission of an imprisonable offence with firearm S. 198B (1) (a) CA 1961?

Answer 28

In committing any imprisonable offence Uses any firearm

Question 29

For Commission of an imprisonable offence with firearm S. 198B (1) (a) CA 1961, what constitutes ‘Uses any firearm’?

Answer 29

Includes firing or presenting a firearm, or displaying it in a menacing manner Does not include using it as a club

Question 30

Which section of the Crimes Act 1961 covers Commission of an imprisonable Offence with firearm - has firearm with him/her?

Answer 30

S. 198B (1) (b)

Question 31

Elements of Commission of an imprisonable Offence with firearm, S. 198B(1)(b) CA 1961?

Answer 31

While committing any imprisonable offence Has any firearm with him/her In circumstances that Prima facie show an intention to use it in connection with that imprisonable offence

Question 32

Define ‘Prima Facie’

Answer 32

‘At first appearance’; intent established in the absence of evidence to the contrary

Question 33

R v Cox (Not consent)

Answer 33

Two elements to possession; physical control, along with knowledge of physical control and intent to be in physical control

Question 34

Along with R v Cox, what else must be satisfied in order to obtain a conviction under S. 198B(1)(b) CA 1961?

Answer 34

Along with R v Cox confirming physical possession with knowledge and intent to be in possession of the firearm, must also show an intention to use the firearm in relation to the imprisonable offence