South Australian Current Acts South Australian Current Acts32AA—Discharge of firearms to injure etc
(1) A person who,
without lawful excuse, discharges a firearm intending to injure, annoy or
frighten any person is guilty of an offence.
Maximum penalty: Imprisonment for 8 years.
(2) A person who,
without lawful excuse, discharges a firearm intending to damage any property
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(3) A person who,
without lawful excuse, discharges a firearm and who is reckless as to whether
that act injures, annoys or frightens, or may injure, annoy or frighten, any
person is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(4) A person who,
without lawful excuse, discharges a firearm and who is reckless as to whether
that act damages, or may damage, any property is guilty of an offence.
Maximum penalty: Imprisonment for 3 years.
(5) In proceedings for
an offence against this section, it is not necessary for the prosecution to
establish that a person was, in fact, injured, annoyed or frightened or that
property was, in fact, damaged (as the case requires) by the defendant's act.
(6) In this
section—
"reckless"—a person is reckless as to whether an act injures, annoys or
frightens, or may injure, annoy or frighten any person, or damages, or may
damage, any property, if the person—
(a) is
aware of a substantial risk that the act could injure, annoy or frighten any
person or damage any property; and
(b) does
the act despite the risk and without adequate justification.