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Discharging firearm etc with intent

Offence title:

 

Discharging firearm etc with intent

Act:

 

33A Crimes Act (NSW)

Offence:

(1)   Intent to cause grievous bodily harm – A person who

(a)   discharges any firearm or other loaded arms, or

attempts to discharge any firearm or other loaded arms,

with intent cause grievous bodily harm commits an offence

 

(2)   Intent to resist arrest – A person who

(a)   discharges any firearm or other loaded arms, or

(b)   attempts to discharge any firearm or other loaded arms,

with intent to resist or prevent their, or another’s, arrest or detention commits an offence.

 

Penalty:

 

(1)   Imprisonment for 25 years

 

(2)   Imprisonment for 25 years

 

Summary/Indictable/mixed:

 

Indictable

 

Jurisdiction:

 

District or Supreme Court

 

How committed:

 

(1)   Person A gets into a fight, in the course of the fight they pull out a gun, aim it at the other person and fire a shot at them. Whether or not the bullet hits the other person does not necessarily matter.

 

(2)   Person A is in the process of being arrested, during a struggle they pick up a shot gun and aim it at a police officer. The gun discharges. Whether or not the shot hits the other person does not necessarily matter.

 

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