Liability 198(1)(b)

Question 1

Doing Dangerous Act with Intent

Section and Penalty

Answer 1

Section 198(1)(b) Crimes Act 1961

14 Years Imprisonment

Question 2

Doing Dangerous Act with Intent

Ingredients

Answer 2

.1 With intent to do Grievous Bodily Harm

.2 Sends or delivers to any person
OR
Puts in any place

.3 Any explosive
OR
Injurious substance or device

Question 3

.1 With intent to do Grievous Bodily Harm

Answer 3

Intent:
In the criminal law context there are two specific types pf intention in an offence. Firstly there must be an intention to commit the act and secondly, an intention to get a specific result.

____

Grievous bodily harm can be defined simply as “harm that is really serious”.

_____

“Bodily harm needs no explanation and “grievous” means no more and no less than “really serious”.
DPP v SMITH

Question 4

.2 Sends or delivers to any person

OR

Puts in any place

Answer 4

Sends or delivers:
The terms send and deliver takes their ordinary meanings, and may include situations where the victim receives a dangerous thing by mail or courier.

_____

Person:
Gender neutral. Proved by judicial notice or circumstantial evidence.

OR

Puts in any place:
Would take on it’s normal meaning and would include any place an item can be left.

Question 5

Any explosive

OR

Any Injurious substance or Device

Answer 5

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, fireworks.
Sec. 2, Arms Act 1983.

OR

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.

_____

Completion of offence:
198(1)(a) requires the actual discharge of a firearm at a person.

198(1)(b) is not necessary for the explosion to occur. 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.