Discharges Firearm or Doing Dangerous Act with intent S198(2)(b) CA61

Question 1

What are the elements of S198(2)(b) CA61

Answer 1

• With intent to injure/or with reckless disregard for the safety of others
• Sends to any person/Delivers to any person/or puts in any place
• Any Explosive/Injurious Substance

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 Reckless Disregard

Answer 5

While it is necessary to prove the defendant foresaw the risk, it it not necessary that he/she recognised the extent of the injury that would result

Question 6

What must be proved regarding recklessness

Answer 6

Subjective test: The defendant was aware of the risk and proceeded regardless

Objective test: It was unreasonable for him/her to run that risk.

Question 7

Cameron v R

Answer 7

Recklessness is established if:
(a) The defendant recognised that there was a real possibility that
(i) His/her actions would bring about a proscribed result and/or
(ii) The prescribed circumstances existed and
(b) Having regard to that risk, those actions were unreasonable

Question 8

Define Injure S2 CA61

Answer 8

To injure means to cause actual bodily harm

Question 9

Define Actual Bodily Harm

Answer 9

Actual Bodily harm may be internal or external, and it need not be permanent or dangerous.

Note: In R v Chan-fook, actual bodily harm includes psychiatric injury, if medical evidence confirms and identifiable clinical condition

Question 10

R v Donovan

Answer 10

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 11

Define Explosive S2 Arms Act 83

Answer 11

Means any substances or mixture or combination of substances, in which in their original state, is capable of decomposition at such a rapid rate that it causes an explosion or produces a pyrotechnic effect.

Question 12

Define Offence completion S198(1)(b) CA61

Answer 12

• (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/put in place. However, the substance must have the capacity to explode or cause injury