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Using a Carriage Service for a Hoax Threat

Using a Carriage Service for a Hoax Threat is an offence under Section 474.16 of the criminal code act 1995 which carries a maximum penalty of 10 years in prison.

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

  1. You used a carriage service to send a communication, and
  2. You intended by doing so to induce a false belief that an explosive, or a dangerous or harmful substance or thing, has been or will be left in any place

A ‘carriage service’ is defined as:

‘a service for carrying communications by means of guided and/or unguided electromagnetic energy’ which includes telephone calls, text messages and internet transmissions, such as emails and the use of social media sites.

Defences to the charge include:

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

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