Doing Dangerous Act with Intent - (b) Flashcards Preview

CIB Induction - Auckland 2017 > Doing Dangerous Act with Intent - (b) > Flashcards

Flashcards in Doing Dangerous Act with Intent - (b) Deck (12)
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1
Q

Doing Dangerous Act with Intent

A

Section 198 (1) (b) Crimes Act 1961

2
Q

Penalty

A

14 years

3
Q

Elements

A
  1. With intent to do GBH
  2. Send or Delivers to any person

OR

Puts in place

  1. Any explosive

OR

Injurious substance or device

4
Q

Intent

A

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.

5
Q

GBH

A

Grievous bodily harm - simply “harm that is really serious”

6
Q

DPP v Smith

A

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

7
Q

Sends to or delivers

A

Ordinary meanings and may include situations where the victim receives a dangerous thing by mail or courier

8
Q

Person

A

Gender Neutral. Proven by judicial note or circumstantially.

9
Q

Puts in place

A

Would take on its normal meaning and would include any place an item can be left

10
Q

Explosive

A

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 or fireworks
Section 2, Arms Act 1983

11
Q

Injurious substance or device

A

Covers a range of things capable of causing harm to a person, for example a letter containing Anthrax powder that is mail to a political target

12
Q

Completion of offence

A

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.

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