Doing a dangerous act with intent to GBH Flashcards Preview

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Flashcards in Doing a dangerous act with intent to GBH Deck (8)
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1
Q

What is the act, section and penalty for doing a dangerous act with intent to GBH

A

S198(1)(b) CA 61

14 yrs

2
Q

What are the 3 elements?

A
1- With intent to do GBH
2- Sends or delivers to any person 
or 
Puts in any place
3- Any explosive
 or 
injurious substances or device
3
Q

In relation to intent to do GBH what 3 points needs to be covered?

A

Intent
- There are 2 specific types of intention in an offence. first there must be an intent to commit an act. Second an intent to get a specific result

GBH
- GBH can defined has harm that is really serious

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

4
Q

Explain sends or delivers to any person?

A

Sends or delivers
- The term send and delivers take their normal meanings and may include situations where the victim receives a dangerous thing by mail or courier.

Person
- gender neutral proven by judicial notice or circumstantial evidence.

5
Q

Explain puts in place?

A

Puts in place

- Takes it’s normal meaning and includes any place an item can be left.

6
Q

Explain what an explosive is plus the section?

A

Explosive- S2 Arms Act 83
- Any substances or mixture or combination of substances in it normal state is capable of decomposition at such a rapid rate as to result in explosion.
includes- Gunpowder
Does not include-Firearms or fireworks.

7
Q

Explain injurious substance?

A

Injurious substance or device

- Injurious substance or device covers anything capable of causing harm to a person.

8
Q

Explain completion of the offence

A

Completion of the offence
- Offences under S198(1)(a) require the actual discharge at a person, however offences under S198(1)(b) it is not necessary for an explosion to occur. The offence is complete when an explosive or injurious substances or device is sent, delivered or put in place but the substance must have the capacity to explode or cause injury.

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