Doing Dangerous Act with Intent - (b) Flashcards
Doing Dangerous Act with Intent
Section 198 (1) (b) Crimes Act 1961
Penalty
14 years
Elements
- With intent to do GBH
- Send or Delivers to any person
OR
Puts in place
- Any explosive
OR
Injurious substance or device
Intent
In a criminal law context there are two specific types of intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.
GBH
Grievous bodily harm - simply “harm that is really serious”
DPP v Smith
“Bodily harm” needs no explanation and “grievous” means no more and no less than “really serious”
Sends to or delivers
Ordinary meanings and may include situations where the victim receives a dangerous thing by mail or courier
Person
Gender Neutral. Proven by judicial note or circumstantially.
Puts in place
Would take on its normal meaning and would include any place an item can be left
Explosive
Any substance or mixture or combination of substances which in its 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 or fireworks
Section 2, Arms Act 1983
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 mail to a political target
Completion of offence
Although offences under section 198 (1) (a) require the actual discharge of a firearm at a person, under section 198 (1) (b) it is 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.
