The actual use of a weapon is not an essential element of the offence of maliciously inflicting grievous bodily harm with intent under s 33 of the Crimes Act 1900 (NSW); accordingly, the use of a weapon in committing such an offence is properly treated as an aggravating factor under s 21A(2)(c) of the Crimes (Sentencing Procedure) Act 1999. Section 21A(2)(i) (offence committed without regard to public safety) is directed to danger to other members of the public, not to the specific victim of the offence.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
3 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.