Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.5 - Postal services  

Division 471 - Postal offences  

Subdivision A - General postal offences  

SECTION 471.11   Using a postal or similar service to make a threat   Threat to kill

(1)  
A person (the first person ) commits an offence if:


(a) the first person uses a postal or similar service to make to another person (the second person ) a threat to kill the second person or a third person; and


(b) the first person intends the second person to fear that the threat will be carried out.

Penalty: Imprisonment for 10 years.

Threat to cause serious harm

(2)  
A person (the first person ) commits an offence if:


(a) the first person uses a postal or similar service to make to another person (the second person ) a threat to cause serious harm to the second person or a third person; and


(b) the first person intends the second person to fear that the threat will be carried out.

Penalty: Imprisonment for 7 years.

Actual fear not necessary

(3)  
In a prosecution for an offence against this section, it is not necessary to prove that the person receiving the threat actually feared that the threat would be carried out.

Definitions

(4)  
In this section:

fear
includes apprehension.

threat to cause serious harm to a person
includes a threat to substantially contribute to serious harm to the person.

(5)  
(Repealed by No 127 of 2004)




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