Using a Postal Service to Make a Death Threat
Using a postal service to make a death threat is an offence under section 471.11(1) of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You used a postal or similar service
- You did so to make a threat to kill another person, and
- You intended the person to whom the threat was made to fear it would be carried out against him or her, or against another person.
‘Fear’ includes apprehension
It is not necessary for the prosecution to prove that the person to whom the threat was made feared the threat would actually be carried out.
Self-defence, duress and necessity are defences to the charge.
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