Liability 198(1)(b) Flashcards
Doing Dangerous Act with Intent
Section and Penalty
Section 198(1)(b) Crimes Act 1961
14 Years Imprisonment
Doing Dangerous Act with Intent
Ingredients
.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
.1 With intent to do Grievous Bodily Harm
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.
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Grievous bodily harm can be defined simply as “harm that is really serious”.
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“Bodily harm needs no explanation and “grievous” means no more and no less than “really serious”.
DPP v SMITH
.2 Sends or delivers to any person
OR
Puts in any place
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.
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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.
Any explosive
OR
Any Injurious substance or Device
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.
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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.