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Public Mischief

Public mischief is an offence under section 547B of the Crimes Act 1900, which carries a maximum penalty of 12 months in prison.

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

  1. You made a representation that an act had been or would be done, or that an event had occurred or would occur
  2. Your representation was false
  3. You knew your representation was false
  4. Your representation was to a police officer, and
  5. Your representation called for an investigation by a police officer.

Your representation may have been by any means, whether verbal, written or otherwise it is deemed to have been made to a police officer if it was made to a person other than a police officer, but its nature reasonably required the person to communicate it to a police officer.

Defences to the charge include:

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

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