Going to Court? Book Your Free First Appointment

Causing a Dangerous Article to be Carried by Post

Causing a dangerous article to be carried by post is an offence under section 471.13 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 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
  2. You did so in a way that gave rise to a danger of death or serious harm to another person, and
  3. You were at least reckless as to that danger.

In order to amount to ‘a danger of death or serious harm’, your conduct must be ordinarily capable of creating a real, and not merely a theoretical, danger of such harm.

However, the prosecution does not have to prove a particular statistical or arithmetical calculation of the degree of danger, nor does it have to prove that a specific person was actually placed in danger. Such harm may include exposing another person to the risk of catching a disease that may then give rise to a danger of death or serious harm.

You were ‘reckless’ if you were aware there was a substantial risk that another person would be exposed to a danger of death or serious harm, and it was unjustifiable to take that risk but you went ahead with your actions regardless.

Duress and necessity are defences to the charge.

What Our Clients Say SEE ALL

  • ★★★★★

    Happy with the outcome

    My lawyer Mehmet Yilmaz was great, was happy with the outcome.

  • ★★★★★

    He was very prompt with my matter and the after hours calls

    Wissam, a wonderful lawyer to have for my matter. He was very prompt with my…

  • ★★★★★

    Got me the best possible outcome, her knowledge and skills helped me a lot

    Coincidering my charges lawyer Karina got me the best possible outcome, her knowledge and skills…

  • ★★★★★

    Better than expected outcome

    Patrick performed well under unexpected time pressure today. I engaged Patrick's services to defend me…

Going to Court? Call For Your Free First Appointment