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Dishonestly Obtaining Delivery of Mail

Dishonestly obtaining delivery of mail is an offence under section 471.8 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 5 years in prison.

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

  1. You obtained delivery of, or receipt of, an article in the course of mail, and
  2. You did so dishonestly.

An ‘article in the course of post’ includes one that appears to have been lost or wrongly delivered.

‘Dishonesty’ is assessed according to the standards of ordinary people.

Duress and necessity are defences to the charge.

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