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:
- You caused an article to be carried by a postal or similar service
- You did so in a way that gave rise to a danger of death or serious harm to another person, and
- 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.
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