Uses any firearm against law enforcement officer

Question 1

What is the act, sec and penalty for using a firearm against law enforcement officer?

Answer 1

S198A(1) CA 61

14 yrs

Question 2

What are the 3 elements?

Answer 2

1- Uses any firearm in a manner whatever 
2- Against any constable 
OR traffic officer 
OR prisoner officer 
acting in the course of their duty
3- Knowing that 
OR 
being reckless whether or not 
that  person is a constable or traffic officer or prison officer

Question 3

In relation to uses a firearm in any manner what 3 points need to be covered?

Answer 3

Use in any manner
- The word use is to fire it, the words in any manner whatever cover a range of acts that stop short of actually shooting an officer

Police v Parker
- Uses in any manner whatever is to consider a situation short of actually firing the weapon and to present a rifle. I think is equivalent to or means the same thing.

Firearm - S2 Arms Act 83
a - Anything from which any shot , bullet, missile or other projectile can be discharged by force or explosive and
b- includes anything that has been adapted so that it can be used to discharge any of the above.

Question 4

Explain what a against any Constable is?

Answer 4

Constable - S4 Policing Act 08
- Constable means a police employee who
a- holds the office of constable and
b- includes a constable who holds any level of position in the NZ Police.

Question 5

Explain acting in the course of duty?

Answer 5

Acting in the course of duty
- includes every lawful act which a constable does while on duty. It includes acts done where the circumstances create a professional obligation for 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 duty.

Question 6

Explain the term knowing plus case law?

Answer 6

Knowing that person is a member of Police
- The accused must know the victim is a police officer and know that the officer is acting in the course of his duty or be reckless as to those facts

Knowing - Simester and Brookbanks
- Knowing means knowing or correctly believing. A person may believe something wrongly but cannot know something that is false

Question 7

Explain reckless?

Answer 7

Reckless- R v Harney
- Recklessness involves consciously and deliberately taking an unjustified risk together with an intent to continue the act regardless of the risk.