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Discharging a Firearm with Intent

Discharging a Firearm with Intent is an offence under Section 33A of the Crimes Act 1900 which carries a maximum penalty of 25 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You discharged a firearm or other loaded arms or attempted to do so, and
  1. You intended by doing so to cause grievous bodily harm to another person or to resist or prevent a lawful arrest or detention

A ‘firearm’ is defined as gun, or other weapon, that is or was, capable of propelling a projectile by means of an explosive. It includes a blank fire firearm, or an air gun, but does not include a paintball marker.

Grievous bodily harm’ has been defined as ‘really serious harm’ it includes, but is not limited to:

  1. Any permanent or serious disfigurement
  2. The destruction of a foetus, other than by a medical procedure, and
  3. Any grievous bodily disease

Defences to the charge include:

  1. Self Defence
  2. Duress, and
  3. Necessity

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