A direction to a jury on a charge under s 33A(1) of the Crimes Act 1900 (NSW) must clearly distinguish between the element of malicious discharge and the element of intent to do grievous bodily harm; conflating these elements by suggesting recklessness suffices for the intent element is a misdirection warranting quashing of the conviction. Where a trial judge restricts evidence under s 136 of the Evidence Act, a direction must be given to the jury explaining the restriction, even if neither counsel seeks one.
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