Section 471.25 Criminal Code Act 1995
Use Postal Service to Groom Child Under 16

Using a postal service to groom a person under the age of 16 years is an offence under section 471.25(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 15 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You were at least 18 years of age
2. You caused an article to be carried by a postal or similar service to another person (‘the recipient’)
3. You intended by doing so to make it easier to procure the recipient to engage in sexual activity with you, and
4. The recipient was under the age of 16 years, or you believed him or her to be under that age.

To ‘procure’ is to encourage, entice, recruit or induce, whether by threats, promises or otherwise

‘Sexual activity’ includes sexual intercourse, sexual touching and other acts of a sexual nature.

You are not guilty of the offence if you establish to the court on the balance of probabilities that you believed the recipient to be at least 16 years of age.

For the purpose of establishing your belief about the recipient’s age any representation made to you that he or she was under, of or over a certain age is proof you believed he or she was of the represented age, unless there is evidence to the contrary.

When determining your belief about age, the court may consider a range of matters including:

1. The recipient’s appearance
2. Any medical or other scientific opinion
3. Any document that is or appears to be an official or medical record from outside Australia, and
4. Any document that appears to be a copy of such a record.

It is immaterial that the recipient was a fictitious person representing themselves as a real person.

You may be found guilty even if it was impossible for the sexual activity to take place.

You are not guilty if you attempted but failed to convey the article to the recipient.

Duress and necessity are defences to the charge.

Causing an article to be carried by a postal or similar service to groom a person under the age of 16 years is an offence under section 471.25(2) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 15 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You caused an article to be carried by a postal or similar service to another person (‘the recipient’)
2. You intended by doing so to make it easier to procure the recipient to engage in sexual activity with another person (‘the participant’)
3. The recipient was under the age of 16 years, or you believed him or her to be under that age, and
4. The participant was under the age of 18 years, or you believed him or her to be under that age.

To ‘procure’ is to encourage, entice, recruit or induce, whether by threats, promises or otherwise.

‘Sexual activity’ includes sexual intercourse, sexual touching and other acts of a sexual nature.

You are not guilty of the offence if you establish to the court on the balance of probabilities that you believed the recipient to be at least 16 years of age, or the participant to be at least 18 years of age for the purpose of establishing your belief about age.

Any representation made to you that the recipient or participant was under, of or over a certain age is proof that you believed he or she was, or they were, of the represented age, unless there is evidence to the contrary.

When determining your belief about age, the court may consider a range of matters including:

1. The recipient’s or participant’s appearance
2. Any medical or other scientific opinion
3. Any document that is or appears to be an official or medical record from outside Australia, and
4. Any document that appears to be a copy of such a record.

It is immaterial that the recipient was a fictitious person representing themselves as a real person.

You may be found guilty even if it was impossible for the sexual activity to take place.

You are not guilty if you attempted but failed to convey the article to the recipient or participant.

Duress and necessity are defences to the charge.

Causing an article to be carried by post intending to groom a person under 16 to engage in sexual activity in your or another’s presence is an offence under section 471.25(3) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 15 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You caused an article to be carried by a postal or similar service to another person (‘the recipient’)
2. You did so intending to make it easier to procure the recipient to engage in sexual activity with another person (‘the participant’)
3. The recipient was under 16 years of age, or you believed him or her to be under that age
4. The participant was under 18 years of age, or you believed him or her to be under that age, and
5. You intended the sexual activity to take place in your or the participant’s presence.

To ‘procure’ is to encourage, entice, recruit or induce, whether by threats, promises or otherwise.

‘Sexual activity’ includes sexual intercourse, sexual touching and other acts of a sexual nature.

You are not guilty of the offence if you establish to the court on the balance of probabilities that you believed the recipient to be at least 16 years of age, or the participant to be least 18 years of age for the purpose of establishing your belief about age.

Any representation made to you that the recipient or participant was under, of or over a certain age is proof that you believed he or she was, or they were, of the represented age, unless there is evidence to the contrary.

When determining your belief about age, the court may consider a range of matters including:

1. The recipient’s or participant’s appearance
2. Any medical or other scientific opinion
3. Any document that is or appears to be an official or medical record from outside Australia, and
4. Any document that appears to be a copy of such a record.

It is immaterial that the recipient was a fictitious person representing themselves as a real person.

You may be found guilty even if it was impossible for the sexual activity to take place. You are not guilty if you attempted but failed to convey the article to the recipient or participant.

Duress and necessity are defences to the charge.

Using a postal or similar service to groom another person to make it easier to procure a person under the age of 16 years is an offence under section 471.25A(1) of the Criminal Code Act 1995 (Cth).

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You were at least 18 years of age
2. You caused an article to be carried by a postal or similar person to another person (‘the recipient’)
3. You did so intending to make it easier for you to procure a person to engage in sexual activity with you, and
4. The recipient was under 16 years of age, or you believed him or her to be under that age.

To ‘procure’ is to encourage, entice, recruit or induce, whether by threats, promises or otherwise.

‘Sexual activity’ includes sexual intercourse, sexual touching and other acts of a sexual nature.

You are not guilty of the offence if you establish to the court on the balance of probabilities that you believed the recipient to be at least 16 years of age.

For the purpose of establishing your belief about the recipient’s age any representation made to you that he or she was under, of or over a certain age is proof you believed he or she was of the represented age unless there is evidence to the contrary.

When determining your belief about age, the court may consider a range of matters including:

1. The recipient’s appearance
2. Any medical or other scientific opinion
3. Any document that is or appears to be an official or medical record from outside Australia, and
4. Any document that appears to be a copy of such a record.

It is immaterial that the recipient was a fictitious person representing themselves as a real person.

You may be found guilty even if it was impossible for the sexual activity to take place.

You are not guilty if you attempted but failed to convey the article to the recipient.

Duress and necessity are defences to the charge.

Causing an article to be carried by a postal or similar service intending to make it easier to procure a child to engage in sexual activity with another person is an offence under section 471.25A(3) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 15 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You caused an article to be carried by a postal or similar service to another person (‘the recipient’)
2. You did so intending to make it easier to procure a person (‘the child’) to engage in sexual activity with another person (‘the participant’)
3. The child was under 16 years of age, or you believed him or her to be under that age
4. The participant was under 18 years of age, or you believed him or her to be under that age, and
5. You intended the sexual activity to take place in your or the participant’s presence.

To ‘procure’ is to encourage, entice, recruit or induce, whether by threats, promises or otherwise.

‘Sexual activity’ includes sexual intercourse, sexual touching and other acts of a sexual nature.

You are not guilty of the offence if you establish to the court on the balance of probabilities that you believed the recipient to be at least 16 years of age, or the participant to be least 18 years of age

For the purpose of establishing your belief about age, any representation made to you that the recipient or participant was under, of or over a certain age is proof that you believed he or she was, or they were, of the represented age unless there is evidence to the contrary.

When determining your belief about age, the court may consider a range of matters including:

1. The recipient’s or participant’s appearance
2. Any medical or other scientific opinion
3. Any document that is or appears to be an official or medical record from outside Australia, and
4. Any document that appears to be a copy of such a record.

It is immaterial that the recipient was a fictitious person representing themselves as a real person.

You may be found guilty even if it was impossible for the sexual activity to take place.

You are not guilty if you attempted but failed to convey the article to the recipient or participant.

Duress and necessity are defences to the charge.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Use Postal Service to Groom Child Under 16 matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

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