Documents Containing Threats

It is an offence to send documents to another person containing threats.

Your Options

Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

1. A person intentionally or recklessly, and knowing its contents:

a. sends or delivers; or

b. directly or indirectly causes to be received;

c. any document threatening to kill or inflict bodily harm on any person.

It is immaterial for the purposes of an offence under this section whether or not a document sent or delivered is actually received, and whether or not the threat contained in a document sent, delivered or received is actually communicated to the person concerned or to the recipient or intended recipient of the document.

If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.

Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.

Plead guilty

If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence.

The offence of Sending a document containing a threat carries a maximum penalty of 2 years imprisonment in the Local Court and a maximum penalty of 10 years imprisonment in the District Court.

Generally, penalties that a court can impose for any criminal offence in NSW are:

• Section 10 – No conviction recorded
• Fine
• Section 9 – Good behaviour bond
• Community service order
• Section 12 – Suspended sentence
• Intensive correction order
• Home detention
• Prison sentence