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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:
‘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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