Section 471.11 Criminal Code Act 1995
Using Postal Service to Make Threat

471.11 Using a postal or similar service to make a threat

Threat to kill

(1) A person (the first person) is guilty of an offence if:
(a) the first person uses a postal or similar service to make to another person (the second person) a threat to kill the second person or a third person; and
(b) the first person intends the second person to fear that the threat will be carried out.

Penalty: Imprisonment for 10 years.

Threat to cause serious harm

(2) A person (the first person) is guilty of an offence if:
(a) the first person uses a postal or similar service to make to another person (the second person) a threat to cause serious harm to the second person or a third person; and
(b) the first person intends the second person to fear that the threat will be carried out.

Penalty: Imprisonment for 7 years.

Actual fear not necessary

(3) In a prosecution for an offence against this section, it is not necessary to prove that the person receiving the threat actually feared that the threat would be carried out.

Definitions

(4) In this section:

fear includes apprehension.

threat to cause serious harm to a person includes a threat to substantially contribute to serious harm to the person.

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    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.