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Conveying False Information that a Person or Property is in Danger

Conveying false information that a person or property is in danger is an offence under section 93Q of the Crimes Act 1900, which carries a maximum penalty of 5 years in prison.

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

  1. You conveyed information to another person
  2. You knew the information was false or misleading, and
  3. The information was likely to make the person to whom it was conveyed fear for the safety of a person and/or property.

Conveying information includes making a statement, sending a document, transmitting an electronic message and sending information by any other means.

The ‘safety of a person’ includes your safety as well as that of the recipient.

Defences to the charge include:

  1. Duress
  2. Necessity, and
  3. Self defence.

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