With the recent media hype about terrorism threats, there has been increased police focus on offences related to explosives and dangerous articles.
One such offence is contained in section 93R of the Crimes Act, which deals with the offence of “leaving or sending an article with intent to cause alarm.”
This section says that it is an offence to leave or send an article or substance which misleads people into believing that it is a danger to the safety of a person or property, or both.
For example, you may be charged under this section if you send or leave a parcel which in some way creates a fear that it may explode, ignite or contain or discharge some kind of dangerous material.
If you are found guilty of this offence, you could face a maximum penalty of 5 years imprisonment.
However, this is the absolute maximum and will only apply in the most serious cases.
Our experienced criminal defence team can give you the advice and representation necessary to secure a favourable outcome in your case.
Section 93R of the Crimes Act 1900 deals with the offence of “leaving or sending an article with intent to cause alarm” and reads as follows:
93R Leaving or sending an article with intent to cause alarm
(1) A person:
(a) who leaves in any place, or sends by any means, a substance or article, and
(b) who intends to induce a false belief that the substance or article is likely to be a danger to the safety of a person or of property, or both,
is guilty of an offence. Maximum penalty: Imprisonment for 5 years.
(2) For the purposes of this section, a false belief that a substance or article is likely to be a danger includes a false belief that the substance or article is likely to explode, ignite, or contain, consist of or discharge a dangerous matter.
With the recent crackdown on terrorism and related offence, there have been fears that police will unfairly prosecute persons for offences such as “leaving or sending an article with intent to cause alarm” without any firm evidence.
In situations where you feel that you have been unfairly charged with an offence, or where you otherwise believe that you should be found “not guilty,” our expert defence team can prepare a strong defence case which explains your side of the story to the court and maximises your chances of avoiding a harsh penalty under the law.
Our lawyers have defended various explosives cases, and this knowledge, coupled with our extensive experience fighting some of the most serious criminal cases allows us to achieve outstanding results in these types of cases on a regular basis.
Our experts will carefully examine all the evidence in order to identify any problems with the prosecution case.
Where problems are identified, or where the prosecution does not have enough evidence to prosecute you, we can write to the prosecution highlighting these issues and asking for the charges to be dropped.
If your matter ends up in court, our dedicated experts will raise all possible defences and fight hard to protect your innocence.
Alternatively, if you wish to plead guilty, our lawyers can prepare and present persuasive sentencing submissions which focus on positive factors such as your good character.
In certain cases, we may even be able to secure a ‘section 10 dismissal or conditional release order,’ which means that while you will be found guilty of the offence, no conviction will be recorded on your criminal record.
Call us today on (02) 9261 8881 and get the experts on your side today.