SENDS/DELIVERS

Question 1

Section, Act, Penalty

Elements

Answer 1

198(1)(b) CA 1961 - 14yrs

With intent to do GBH
Sends or delivers to any person
or 
Puts in any place
Any explosive or injurious substance or device

Question 2

Intent to do GBH

Answer 2

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 is harm that is really serious.

DPP Smith
Bodily harm needs no explanation and grievous means no more or no less than really serious.

Question 3

Sends or Delivers

Answer 3

The terms “send” and “deliver’’ take their ordinary meanings, and may include situations where the victim receives a dangerous thing by mail or courier

Question 3

Any explosive

Answer 3

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

Question 4

Injurious Substance or Device

Answer 4

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.

Question 4

Completion of this offence

Answer 4

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.