Discharging a firearm with intent is an offence under Section 33A of the Crimes Act 1900 (NSW). The provision includes discharging a firearm with intent to cause grievous bodily harm and discharging a firearm with intent to resist arrest. Both carry a maximum penalty of 25 years imprisonment.

Elements

The prosecution must prove that:

• The person discharged, or attempted to discharge, a firearm or other loaded arms; and
• The person intended either to cause grievous bodily harm to another person or to resist or prevent a lawful arrest or detention.

Attempt

It is an offence to simply attempt to discharge a firearm with the required intent.

Resisting Arrest

This applies if the intent was to resist or prevent a lawful arrest or detention.

Penalties

The offence carries a maximum penalty of 25 years imprisonment.

The sentence imposed will depend on factors such as the extent of harm caused and the offender’s criminal history.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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