Section 474.15 Criminal Code Act | Use Carriage Service to Make Threat


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Section 474.15 of the Criminal Code Act 1995 (Cth) is Use Carriage Service to Make Threat and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Use Carriage Service to Make Threat matter, call Sydney Criminal Lawyers® today on
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The Legislation

474.15 Using a carriage 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 carriage 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 carriage 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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