Criminal Code Act 1995
Section 3
CHAPTER 10 - NATIONAL INFRASTRUCTURE Part 10.5 - Postal services Division 471 - Postal offences Subdivision A - General postal offences
View history note
Hide history noteThreat 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:
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(Repealed by No 127 of 2004)
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