Using a firearm against police (Section 198A(1) Crimes Act 1961)

[This question trail assumes the following factual scenario. It is alleged that Mr Smith waved a sawn-off shotgun at Constable Jones in the course of a bank robbery. The incident occurred when Mr Smith was running out of the bank, after he saw Constable Jones emerge from a police car.]

Charge 1: Using a firearm against police under section 198A(1) 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 on 27 June 2019, Ms Jones was a constable in the New Zealand Police Force?
	If no, find Mr Smith not guilty. If yes, go to question two.
2.	Are you sure that on 27 June 2019, Mr Smith pointed a shotgun at Constable Jones?
	If no, find Mr Smith not guilty. If yes, go to question three.
3.	Are you sure that when Mr Smith pointed the shotgun at Constable Jones, she was acting in the execution of her duty?
	“Acting in the execution of her duty” means that Constable Jones was acting legitimately in exercising the powers given to her as a constable. If no, find Mr Smith not guilty. If yes, go to question four.
4.	Are you sure that when Mr Smith pointed the shotgun at Constable Jones, he knew that she was a constable or was reckless as to whether she was a constable?
	“Reckless” means that Mr Smith recognised that there was a real possibility that Ms Jones was a constable and, having regard to that possibility, his actions were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, go to question five.
5.	Are you sure that when Mr Smith pointed the shotgun at Constable Jones, he knew that she was acting in the execution of her duty or was reckless as to whether she was acting in the execution of her duty?
	“Reckless” means that Mr Smith recognised that there was a real possibility that Ms Jones was acting the execution of her duty and, having regard to that possibility, his actions were unreasonable. “Unreasonable” actions are actions that a reasonable and prudent person would not have taken. If no, find Mr Smith not guilty. If yes, find Mr Smith guilty.