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Leaving or Sending an Article With Intent to Cause Alarm

Leaving or sending an article with intent to cause alarm is an offence under section 93R 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 left a substance or article in any place or sent it by any means, and
  2. You intended by doing so to induce a false belief that the substance or article was likely to endanger a person and/or property.

A ‘false belief’ includes a false belief the item was likely to explode, ignite, or contain, consist of or discharge a dangerous matter.

Defences to the charge include:

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

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