NSW v Hamze

[2025] NSWCA 22

NSW Court of Appeal

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Interrogate

Catchwords

1. High Risk Offenders
2. › Extended supervision orders
3. › Serious violence offence
4. › Whether offence against s 33A(1) of Crimes Act 1900 (NSW) is a 'serious violence offence' defined in s 5A(1) of Crimes (High Risk Offenders) Act 2006 (NSW)
5. › Whether elements of index offence necessarily satisfy requirements of s 5A(1)(a) even though not expressed in that way
6. › Crimes (High Risk Offenders) Act 2006 (NSW), ss 5A, 5B
1. Statutory Interpretation
2. › Principle of legality
3. › Clear statement principle
4. › Whether principle of legality applicable to definitional provisions of Crimes (High Risk Offenders) Act 2006 (NSW)
5. › Whether principle would outweigh significance of text, context and purpose
6. › Crimes (High Risk Offenders) Act 2006 (NSW), ss 5A, 5B
1. Criminal Law
2. › Attempt
3. › Whether discharging firearm with intent to cause grievous bodily harm necessarily constitutes at least an attempt to commit crime of engaging in conduct causing grievous bodily harm with intent
4. › Crimes Act 1900 (NSW), ss 33A(1), 33(1)(b)

Quick Take

The offence of discharging a firearm with intent to cause GBH (s 33A(1) Crimes Act 1900 (NSW)) is a 'serious violence offence' under s 5A(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), because discharging a firearm with that intent necessarily constitutes at least an attempt to engage in conduct causing GBH with intent, and s 5A(2) requires looking to the legal substance of offences rather than just the form in which their elements are expressed.