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My personal CIB induction > Firearms > Flashcards

Firearms Flashcards

1
Q 
Discharging firearm with intent
Section 
Act 
Penalty 
Ingredients
A

Section: 198(1)(a)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. With intent to do GBH
    * ******
  2. Discharges any firearm OR Airgun OR Similar weapon
    * *******
  3. At any person
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2
Q

Ingredients - Definitions and case law

With intent to do GBH

A
  1. Intent def
  2. R V Mohan
  3. R V Waaka
  4. GBH def
  5. DPP V Smith
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3
Q

Ingredients - Definitions and case law

Discharges any firearm OR airgun OR similar weapon

A
  1. Discharges

2. Firearm OR Airgun OR Similar weapon

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4
Q

Ingredients - Definitions and case law

At any person

A
  1. R V Pekepo

2. Person

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5
Q

Intent

A

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

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6
Q

R V Mohan

A

A decision to bring about, in so far as it lies within the accused power, the commission of the offence

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7
Q

R V Waaka

A

A fleeting or passing thought is not sufficient, there must be a firm intent or firm purpose to effect an act

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8
Q

GBH

A

GBH can be defined simply as harm that is really serious

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9
Q

DPP V Smith

A

Bodily harm needs no explanation and grievous means no more and no less than really serios

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10
Q

Discharges

A

To discharge in this context means to fire or shoot

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11
Q

Firearm

A

Firearm
(a) means anything from which any shot, bullet, missile or other projectile can be discharge by force of explosive and
(b) Includes
(i) Anything that has been adapted so that it can be used to discharge a shot, bullet, missile or other projectile by force of explosive and
(ii) Anything which is not, for the time being capable of discharging any shot, bullet, missile or other projectile but which by its completion or the replacement of any component part or parts or the correction or repair of any defect or defects would be a firearm within the meaning of paragraph (a) of this definition or sub-paragraph (i) of this paragraph and
(iii) anything (being a firearm within the meaning of paragraph (a) of this definition or sub-paragraph (i) of this paragraph) which is for the time being dismantled or partly dismantled and
(iv) any specially dangerous airgun
Section 2, Arms Act 1983

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12
Q

Airgun

A 
Airgun includes
(a) any air rifle
(b) any air pistol
(a) any weapon from which, by the use of gas or compressed air (and not by force of explosive) any shot bullet, missile or other projectile can be discharged
Section 2, Arms Act 1983
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13
Q

Similar weapon

A

Similar weapon

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14
Q

R V Pekepo

A

A reckless discharge of a firearm in the general direction of a passer-by who happens to be hit is not sufficient proof. An intention to shoot that person must be established

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15
Q

Person

A

Gender neutral, proven by judicial notice or circumstancially

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16
Q 
Doing a dangerous act with intent
Section 
Act 
Penalty 
Ingredients
A

Section: 198(1)(b)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. With intent to do GBH
    * ******
  2. Sends or delivers OR puts in any place
    * *******
  3. Any explosive OR injurious substance or device
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17
Q

Ingredients - Definitions and case law

Sends or delivers to any person

A
  1. Sends to or delivers

2. Person

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18
Q

Ingredients - Definitions and case law

Puts in any place

A
  1. Puts in any place
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19
Q

Ingredients - Definitions and case law

Any explosive

A
  1. Explosive

2. completion of offence

20
Q

Ingredients - Definitions and case law

injurious substance or device

A
  1. injurious substance or device

2. completion of offence

21
Q

Sends to or delivers

A

The term send or deliver take their ordinary meaning and may include situations where the victim receives a dangerous thing by mail or courier

22
Q

Puts in any place

A

would take on its normal meaning and would include any place an item can be left

23
Q

Explosive

A

Any substance or mixture or combination of substances which in it’s normal state is capable 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, fireworks
Section 2, Arms Act 1983

24
Q

Injurious substance or device

A

The term “injurious substance or device” covers a range of things capable of causing harm to a person; for example a letter containing anthrax powder that is mailed to a political target

25
Q

Completion of offence

A

Although offences under section 198(1)(a) require the actual discharge of a firearm at a person, under section 198(1)(b) it in not necessary for an explosion to occur; the offence is complete when an explosive or an injurious substance or device is sent, delivered or put in place. However, the substance must have the capacity to explode or cause injury

26
Q 
Doing a dangerous act with intent (sets fire)
Section 
Act 
Penalty 
Ingredients
A

Section: 198(1)(c)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. With intent to do GBH
    * ******
  2. Sets fire
    * *******
  3. To any property
27
Q

Ingredients - Definitions and case law

Sets fire

A
  1. Sets fire
28
Q

Ingredients - Definitions and case law

To any property

A
  1. Property
29
Q

Sets fire

A

Fire is the result of the process of combustion, a chemical reaction between fuel and oxygen, triggered by heat

30
Q

Property

A

Includes any real or personal property and any estate or interest in any real or personal property, money, electricity or any debt or any thing in action or any other right or interest
Section 2, Crimes Act 1961

31
Q 
Uses any firearm against law enforcement officer
Section 
Act 
Penalty 
Ingredients
A

Section: 198A(1)
Act: Crimes Act 1961
Penalty: 14 years

Ingredients

  1. Uses any firearm in any manner whatever
    * ******
  2. Against any Constable or any traffic officer or any prison officer acting in the course of his or her duty
    * *******
  3. Knowing that OR being reckless whether or not that person is a Constable or traffic officer or prison officer so acting
32
Q

Ingredients - Definitions and case law

Uses any firearm in any manner whatever

A
  1. Uses in any matter whatever
  2. Police V Parker
  3. Firearm
33
Q

Ingredients - Definitions and case law

Against any Constable or any traffic officer or any prison officer acting in the course of his or her duty

A
  1. Against any Constable

2. Acting in the course of his or her duty

34
Q

Ingredients - Definitions and case law

Knowing that person is a Constable or traffic officer or prison officer so acting

A
  1. Knowing that the person is a member of the police so acting
  2. Knowing
35
Q

Ingredients - Definitions and case law

Being reckless whether or not that person is a Constable or traffic officer or prison officer so acting

A
  1. Reckless

2. R V Harney

36
Q

Against any Constable

A

Constable means a police employee who - (a) holds the office of constable (whether appointed as a constable under the Police Act 1958 or this act) and
(b) includes a constable who holds any level of position within the New Zealand Police
Section 4, Police Act 2008

37
Q

Acting in the course of his or her duty

A

The term includes every lawful act which a constable does while on duty, and may include acts done where the circumstances create a professional obligation for a 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 or her duty**

38
Q

Knowing that the person is a member of the police so acting

A

The accused must know the victim is a police officer and know that the officer is acting in the course of his or her duty, or be reckless as to those facts.

39
Q

Knowing

A

Knowing means knowing or correctly believing
Simester and Brookbanks
The defendant may believe something wrongly, but cannot know something that is false

40
Q

Reckless

A

Acting “recklessly” involve consciously and deliberately taking an unjustifiable risk

41
Q

R V Harney

A

(Recklessness involves)…. foresight of dangerous consequences that could well happen, together with an intention to continue the course of conduct regardless of the risk

42
Q 
Commission of an imprisonable offence with a firearm
Section 
Act 
Penalty 
Ingredients
A

Section: 198B(1)(a)
Act: Crimes Act 1961
Penalty: 10 years

Ingredients

  1. In committing any imprisonable offence
    * ******
  2. uses any firearm
43
Q

Ingredients - Definitions and case law

In committing any imprisonable offence

A
  1. must be in the …..

2. Imprisonable offence

44
Q

Ingredients - Definitions and case law

Uses any firearm

A
  1. Uses

2. Firearm

45
Q

Must be in……

A

Must be in the commission of an imprisonable offence

46
Q

Imprisonable offence

A

In the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment
Section 5, Criminal Procedure Act 2011

47
Q

Uses

A

Has a narrower meaning than 198A and includes firing or presenting a firearm, or displaying it in a menacing manner, but may not extend to the use of a firearm as a club

My personal CIB induction (21 decks)

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