Discharging a firearm with intent in New South Wales.

What does discharging a firearm with intent mean in NSW?

The offence sits in section 33A of the Crimes Act 1900. The full text is on the NSW legislation site. It has two limbs, and both carry the same maximum of 25 years.

The first limb, section 33A(1), is discharging a firearm, or attempting to discharge one, with intent to cause grievous bodily harm to any person. The second limb, section 33A(2), is discharging a firearm, or attempting to discharge one, with intent to resist or prevent the lawful arrest or detention of any person. Both limbs cover an attempt, so the charge does not depend on anyone being hit. A shot that misses, or a trigger pulled on a firearm that fails to fire, can still ground the offence if the intent is proved.

The word that carries the charge is intent. This is what the courts call an offence of specific intent. It is not enough for the Crown to prove that a firearm went off, or even that it went off near people. The Crown must prove that the person meant to cause grievous bodily harm, or meant to resist arrest. Grievous bodily harm means a really serious injury; section 4 of the Act includes any permanent or serious disfiguring within that phrase. A jury can infer intent from what a person did, from where the firearm was pointed, and from the words used at the time, but it remains a real element the Crown carries the burden on.

What is the penalty for discharging a firearm with intent?

The maximum penalty is 25 years imprisonment. For any offence committed on or after 21 August 2015, section 33A also carries a standard non-parole period of 9 years. A standard non-parole period is the reference point a judge measures a mid-range case against. It is a guidepost, not a floor, and the High Court explained how it works in Muldrock v The Queen [2011] HCA 39, on JADE. The Judicial Commission of NSW collects the firearm sentencing statistics and the guideline case law.

The Court of Criminal Appeal has said that the seriousness of a section 33A(1) offence is worse where a substantial injury results. In Melbom v R [2011] NSWCCA 22, on JADE, the offender fired a round towards a group of people and hit an innocent bystander, and the offence was placed at the high end of the range. The point that runs through the firearm cases is that once a shot is fired the person who fired it has no control over where the projectile ends up. That is why a court treats these offences so seriously even where, by luck, no one was hurt.

What is the minimum sentence for a firearm offence?

People often ask about a minimum sentence for a firearm. NSW does not set a fixed mandatory minimum term for section 33A, or for most firearm offences. What the law sets instead is the standard non-parole period, and the 9-year figure for this offence does that work. A judge starts with the objective seriousness of the case, uses the standard non-parole period and the maximum as reference points, and reaches a sentence from there. Some other firearm offences carry their own standard non-parole periods, for example unauthorised possession of a pistol or a prohibited firearm under the Firearms Act 1996.

A conviction under section 33A almost always brings a full-time prison sentence. The reason lies in the purposes of sentencing. Firearm offences call up general deterrence and the protection of the community with real weight, because the risk to the public from a discharged firearm is high and the harm, when it comes, is often permanent. A person's own circumstances still matter, but for an offence at this level they rarely displace a term of full-time custody.

What is being armed with intent to commit an offence?

This is a different and lesser offence, and it is worth keeping the two apart. Being armed with intent is found in section 114 of the Crimes Act 1900. A person commits it if they are armed with a weapon, or have something to disguise their appearance, with intent to commit an indictable offence. It carries a maximum of 7 years. No shot needs to be fired. The gist of section 114 is preparation: being equipped to commit a crime.

Section 33A is a long step beyond that. It needs a firearm, and it needs the firearm to be discharged, or an attempt made to discharge it, with the intent to cause grievous bodily harm or to resist arrest. The related offence of using or possessing a weapon to resist arrest sits in section 33B, which carries 12 years. Where police lay several charges out of one incident, as they often do with firearm matters, sorting out which section fits the proven facts is one of the first tasks in defending the case.

How does section 33A differ from the other shooting offences?

The Crimes Act 1900 has a group of firearm offences, and they climb in seriousness according to what the person meant to do and what danger they created. The lowest of the group in this discussion is section 93G, causing danger with a firearm. It has three limbs: possessing a loaded firearm in a public place or so as to endanger life, discharging a firearm in or near a public place, and carrying or firing a firearm in a manner likely to injure a person or property. Each limb carries a maximum of 10 years, and none of them requires an intent to harm. That is the section behind the second charge in the Windale matter, firing a firearm in a manner likely to injure.

Above that sits section 93GA, firing at a dwelling-house or other building with reckless disregard for the safety of any person, which carries 14 years, and 16 years where the firing happens during a public disorder or in the course of organised criminal activity. Then comes section 33A itself at 25 years, where the Crown proves a specific intent. The Court of Criminal Appeal in R v Cicekdag [2004] NSWCCA 357, on JADE, treated the section 93G offences as more serious than reckless wounding because of the uncontrollable danger a fired projectile creates. The companion charge to section 33A on the person-injury side is wounding or grievous bodily harm with intent under section 33, which also carries 25 years.

Do first-time offenders go to jail for this?

For minor offending, a first-time offender in NSW can sometimes avoid full-time custody through an intensive correction order or another non-custodial option. Discharging a firearm with intent is not minor offending. A clean record is a mitigating factor, and a court will give it weight, but for a charge with a 25-year maximum and a 9-year standard non-parole period it rarely keeps a person out of prison on its own. The realistic questions in most of these cases are the length of the head sentence and the non-parole period, not whether a term of imprisonment will be imposed.

The things that move a sentence up are familiar in firearm cases: firing towards people, firing in a public place, connection to a criminal enterprise, more than one shot, and an actual injury. The things that pull it down are an early plea, genuine remorse, mental health factors, youth, and real prospects of rehabilitation. Our note on the early plea discount explains how the timing of a plea affects the sentence, and the section 21A factors set out the aggravating and mitigating considerations a court weighs.

Where the charge starts and how it is defended.

Section 33A is strictly indictable. The matter begins in the Local Court but cannot be finalised there. It is committed to the District Court for trial or sentence, and the most serious matters go to the Supreme Court. A trial is heard by a judge and jury. Because the charge is so serious, bail is not automatic; the seriousness of a firearm charge often means an accused must show cause why detention is not justified, and bail is sometimes refused. Our note on show cause and NSW bail explains how that test works.

The defence of a section 33A charge usually turns on one of two things. The first is identity: proving the accused was the person who fired the firearm, which in these cases can rest on CCTV, ballistics, gunshot residue, telephone records, and witness accounts, each of which can be tested. The second is intent. Because the Crown must prove a specific intent, the defence may be that a firearm was discharged without the intent to cause grievous bodily harm or to resist arrest, which can reduce the charge to a section 93G offence or another lesser count. Evidence that the accused was affected by alcohol or drugs can be relevant to whether the specific intent was held, which is not so for the basic-intent offences. Anyone asked to take part in a police interview should get advice first; our note on the recorded police interview explains why the right to silence matters. A charge of this weight is run by a solicitor and barrister together, and our guide to working with counsel sets out how that works. It is also worth reading alongside the charge of unauthorised possession of a firearm, which is frequently laid in the same matter.

Frequently asked.

What is the penalty for discharging a firearm with intent in NSW?

The maximum is 25 years imprisonment under section 33A of the Crimes Act 1900. For offences committed on or after 21 August 2015 there is also a standard non-parole period of 9 years, which is the reference point for a mid-range case. The maximum is the same whether the intent was to cause grievous bodily harm or to resist a lawful arrest.

What is the minimum sentence for a firearm offence in NSW?

NSW does not set a fixed mandatory minimum term for section 33A or most firearm offences. It sets standard non-parole periods for the serious ones, including 9 years for discharging a firearm with intent. A standard non-parole period is a guidepost for a mid-range case, not a floor. In practice a conviction under section 33A almost always brings substantial full-time imprisonment.

What is being armed with intent to commit an indictable offence?

It is a separate offence under section 114 of the Crimes Act 1900: being armed with a weapon, or having something to disguise your appearance, with intent to commit an indictable offence. It carries a maximum of 7 years. It is a lesser offence than section 33A, which requires that a firearm was discharged, or an attempt made, with a specific intent.

Do first-time offenders go to jail for a firearm offence in Australia?

For low-level firearm offences a first-time offender may avoid full-time custody. Discharging a firearm with intent is not low-level. With a 25-year maximum and a 9-year standard non-parole period, a conviction almost always brings full-time imprisonment even for someone with no prior record. A clean record helps, but for an offence this serious it rarely keeps an offender out of gaol on its own.

What is the difference between section 33A and section 93G?

Section 33A is discharging or attempting to discharge a firearm with a specific intent, to cause grievous bodily harm or to resist arrest, and carries 25 years. Section 93G, causing danger with a firearm, needs no such intent. It covers possessing a loaded firearm in a public place, discharging a firearm in or near a public place, or firing one in a manner likely to injure a person or property. Each limb of section 93G carries 10 years.

Is discharging a firearm with intent dealt with in the Local Court?

No. Section 33A is strictly indictable. The matter begins in the Local Court but is committed to the District Court for trial or sentence, and the most serious matters go to the Supreme Court. A trial is heard by a judge and jury. Because the charge is so serious, bail is not automatic and is sometimes refused.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Good Legal Lawyers, as at 9 July 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

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