Discharges Firearm or Doing Dangerous Act with Intent S198(1)(c) CA61

Question 1

What are the elements to S198(1)(c) CA61

Answer 1

• With intent to do GBH
• Sets Fire
• To any property

Question 2

Intent

Answer 2

There are two types of intent. Firstly, and act or omission that is done deliberately, the act or omission must be more than involuntary or accidental. The second type is the intent to produce a specific result. AIM OBJECT PURPOSE

Question 3

R v Collister

Answer 3

Circumstantial evidence of the offender’s intent may be inferred by:

• The offender’s actions and words before, during and after the event
• Surrounding circumstances
• The nature of the act itself

Question 4

R v Taisalika

Answer 4

The nature of the blow and the gash which it produced on the complainant’s head would point strongly to the presence of the necessary intent.

Question 5

Define Causes

Answer 5

In this context a person causes GBH if his/her actions make him/her criminally responsible for it

Question 6

Define GBH

Answer 6

Grievous bodily harm simply means “ Harm that is really serious”. This section does not specify the manner in which the harm is caused and there is no reference to violence, therefore it is not necessary to prove an assault in all cases. Grievous refers to the degree of harm rather than the nature of how it was caused and as long as the harm is serious, it doesn’t need to involved life threatening or permanent injury

Question 7

DPP v Smith

Answer 7

Bodily harm needs no explanation and grievous means no more and no less than really serious

Question 8

R v Donovan

Answer 8

Bodily Harm…..includes any hurt or injury calculated to interfere with the health or comfort of the victim….it need not be permanent, but must, no doubt, be more than merely transitory and trifling.

Question 9

Define Fire

Answer 9

Fire the is the result of a process of combustion, a chemical reaction between fuel and oxygen triggered by heat. For fire to start or continue, all three elements must be present with the correct proportions

Question 10

Define property S2 CA61

Answer 10

Includes real and personal property, and any estate or interest in any real or personal property, money, electricity, and any debt, and anything in action, and any other right of interest