Going to Court? Book Your Free First Appointment

Using a Carriage Service to Make a Death Threat

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:

  1. You used a carriage service
  2. That use included a threat of death to another person, and
  3. You intended the other person to fear that the threat would be carried out against them or another person

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:

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

What Our Clients Say SEE ALL

  • ★★★★★

    Very proffesional approach

    Quick shout out to Fahim from Sydney Criminal Lawyers. This guy means business and does…

  • ★★★★★

    Went above and beyond to secure a favourable outcome

    Rasheen Mahmodian provided great legal advice and went above and beyond to secure a favourable…

  • ★★★★★

    The outcome was even better than expected

    Karina Diec was absolutely amazing, could not fault her efforts, dedication, advice and just making…

  • ★★★★★

    Professional work ethic, and lovely to work with such nice and understanding lawyers

    If you ever need a lawyer this is the best firm to go to, such…

Going to Court? Call For Your Free First Appointment