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Sending Documents Containing Threats

Sending Documents Containing Threats is an offence under Section 31 of the Crimes Act 1900 which carries a maximum penalty of 10 years in prison.

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

  1. You intentionally or recklessly sent or delivered a document or otherwise caused it to be received
  2. The document contained a threat of death or bodily harm, and
  3. You knew the document contained such a threat

The prosecution does not need to prove the document was received by, or the contents communicated to, the intended recipient.

Duress is a defence to the charge.

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