Section 33A Crimes Act 1900 | Discharging Firearm with Intent


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The Crimes Act contains a wide variety of firearms and weapons offences. One such offence is ‘discharging a firearm with intent.’

Section 33A says that if you discharge, or attempt to discharge a firearm with the intent of causing grievous bodily harm to another person, you could face a maximum penalty of 25 years imprisonment.

Grievous bodily harm means ‘really serious harm’ such as a ‘permanent and serious disfigurement,’ for example, broken bones, internal organ damage, or the killing of a foetus.

This section also says that if you discharge, or attempt to discharge a firearm while resisting arrest (or preventing another person’s arrest), you could face a maximum penalty of 25 years imprisonment.

The harsh penalties that the law prescribes for this offence can potentially impact your life and future, however with the assistance of an experienced criminal defence lawyer you can get the advice you need when it comes to fighting the charges in court.

For more information about weapons offences, take a look at our weapons offence pages here.

The Legislation

Section 33A of the Crimes Act 1900 deals with the offence of “discharging firearm with intent” and reads as follows:

33A Discharging firearm etc with intent

(1) Intent to cause grievous bodily harm: 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 cause grievous bodily harm to any person is guilty of an offence. Maximum penalty: Imprisonment for 25 years.

(2) Intent to resist arrest etc 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 his or her (or another person’s) lawful arrest or detention is guilty of an offence. Maximum penalty: Imprisonment for 25 years.

Why Sydney Criminal Lawyers?

Sydney Criminal Lawyers is a specialist criminal law firm which has a wealth of experience defending and winning firearms cases.

Unlike other law firms, we always seek to have charges dropped at an early stage by finding problems with the prosecution case.

By raising these issues early on, our clients avoid the costly and time-consuming experience of defending the matter in court.

Where the prosecution refuses to drop the charges, our dedicated lawyers will fight to protect your innocence by raising all available defences in court; for example, where you were acting in self-defence, or where someone threatened you into discharging the firearm (known as duress).

Even if you simply wish to accept the charges and plead guilty, our highly-respected senior defence team will put forth your case in the most compelling manner to ensure that you get the best outcome in your case.

So for the best representation in your ‘discharge firearm with intent’ case, call the firearms experts today on (02) 9261 8881 and book your FREE first conference to discuss your case.