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Using a firearm against police (Section 198A(2) Crimes Act 1961)

Charge 1: Using a firearm against police under section 198A(2) of the Crimes Act 1961

The Crown must prove each element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove each element beyond reasonable doubt. That is called the standard of proof. It means you must be sure that each element is proved.

1.

Are you sure that Constable Franks was in the process of arresting [or detaining] Mr Max at Cameron Road, Tauranga on 12 August 2018?
 

If no, find Mr Max not guilty.

If yes, go to question two.
2.

Are you sure that Mr Max knew that Constable Franks was attempting to arrest [or detain] him?
 

If no, find Mr Max not guilty.

If yes, go to question three.
3.

Are you sure that, when Mr Max was being arrested [or detained] by Constable Franks, Mr Max forcibly resisted?
 

To “resist” requires opposition by some degree of force against some course of action which the constable is attempting to pursue.

If no, find Mr Max not guilty.

If yes, go to question four.
4.

Are you sure that Mr Max used a shotgun when he was resisting arrest [or detention]?
 

If no, find Mr Max not guilty.

If yes, go to question five.
5.

Are you sure that, when Mr Max used the shotgun, he intended to resist arrest [or detention]?
 

If no, find Mr Max not guilty.

If yes, go to question six.
6.

Are you sure that the proposed arrest [or detention] of Mr Max by Constable Franks was lawful?
 

If no, find Mr Max not guilty.

If yes, find Mr Max guilty.