Improper use of an Emergency Call
Improper Use of an Emergency Call is an offence under Section 474.18 of the Criminal Code Act 1995 which carries a maximum penalty of 3 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You made a call to an emergency service number
- The call was other than to report an emergency, and
- It was vexatious
In determining whether the call was vexatious, the court must consider:
- The content of the call
- The number, frequency and content of any previous calls that were made to emergency service numbers other than to report emergencies, and
- Any other matters it considers to be relevant
Defences to the charge include:
- Duress
- Necessity, and
- Self defence
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