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


S198A(1) CA 61

14 yrs


What are the 3 elements?

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 
being reckless whether or not 
that  person is a constable or traffic officer or prison officer

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


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.


Explain what a against any Constable is?


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.


Explain acting in the course of duty?


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.

Explain the term knowing plus case law?


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


Explain reckless?


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.

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