Doing Dangerous Act With Intent s198(1)(b) Flashcards
Name the Act and Section for Doing Dangerous Act with Intent
:
Section 198(1)(b) Crimes Act 1961
What is the penalty for Doing Dangerous Act 1961?
14 years
Name 3 ingredients for Doing Dangerous Act with Intent:
- With intent to do Grievous Bodily Harm
- Sends or delivers to any person or puts in any place
- Any explosive or injurious substance or device
Define 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.
Define sends to or delivers:
The term send and deliver take their ordinary meanings, and may include situations where the victim receives a dangerous thing by mail or courier.
Define puts in any place:
Would take on its normal meaning and would include any place an item can be left
Define 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, gel ignite, detonators
Does not include Firearms, Fireworks,
S2 Arms Act 1983
Define Injurious substance or device:
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.
When is the offence completed?
Although offences under section 198(1)(a) require the actual discharge of a firearm at a person, under s198(1)(b) it is not necessary for an explosion to occur; the offence is complete when an explosive or injurious substance or device is sent, delivered, or put in place. However the substance must have the capacity to explode or cause injury.