Where alternative counts require different mental elements (attempted murder requiring intent to kill versus malicious act with intent requiring intent to evade arrest), a guilty verdict on the lesser intent offence is not inconsistent with a not guilty verdict on the greater intent offence. Evidence that a firearm was discharged at the bonnet rather than the windscreen of a police vehicle provides a logical basis for the jury to distinguish between the two intents. A sentence of 10 years imprisonment with a serious violent offence declaration is within range for discharging a firearm at a police vehicle during a pursuit, particularly where the offender has a prior conviction for attempted murder and committed the offences shortly after release from a lengthy term of imprisonment.
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