A sentence of 4 years' imprisonment for firing four shots at a moving vehicle under s 294(2) of the Criminal Code (WA) was upheld as within the sound exercise of the sentencing discretion, in the context of a 20-year maximum penalty and after a 25% discount for a guilty plea. The sentencing range for grievous bodily harm with intent offences (4 years 8 months to 8 years) was accepted as applicable by analogy to s 294(2) offences. Sections 10E and 552(2)(b) of the Criminal Code do not apply to reduce the maximum penalty for s 294(2) because the offence itself encompasses the attempt — a person charged under s 294(2) is charged with committing the offence, not with attempting to commit it.
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