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Using a Carriage Service to Make a Death Threat is a crime under Section 474.15(1) 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:
The prosecution does not need to prove that the other person actually feared the threat would be carried out.
‘Fear’ includes apprehension.
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:
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