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:
- You conveyed information to another person
- You knew the information was false or misleading, and
- 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:
- Duress
- Necessity, and
- Self defence.
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