Discharging firearm or doing a dangerous act

Question 1

Act and section

Answer 1

198 (1), C.A 1961

Question 2

Ingredients 198(1)

Answer 2

with intent to do GBH

a) Discharges any firearm, airgun, or other similar weapon at any person; or
b) sends or delivers to any person, or puts in any place, any explosion or injurious substance or device; or
c) sets fire to any property

Question 3

Ingredients 198(2)

Answer 3

With intent to injure or reckless disregard for the safety of others.

a) Discharges any firearm, airgun, or other similar weapon at any person; or
b) sends or delivers to any person, or puts in any place, any explosion or injurious substance or device; or
c) sets fire to any property

Question 4

R v Pekepo (discharge of firearm)

Answer 4

A reckless discharge or 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.

Question 5

What is the actus rea of this offence

Answer 5

• discharging a firearm
• delivering explosives
• setting fire to property

Question 6

what is the mens rea of this offence

Answer 6

• intent to do GBH
• intent to injure
• reckless disregard for the safety of others

Question 7

Is it necessary under 198 to prove the victim actually suffered actual bodily harm

Answer 7

No, must prove the offender did one of the acts, with one of the specified intents.
This section is based on intentions and actions rather than outcome or consequence of those actions.

Question 8

Injurious substance or device

Answer 8

-covers a range of things capable of causing harm

eg, letter containing anthrax that is mailed to a target.

Question 9

When is the offence of 198(1) (b) complete

Answer 9

• When the explosive, injurious substance or device is sent, delivered or put in place.
• they have to explode but must be capacity to explode or cause injury.