What is a Threatening Document Offence?

Under section 31 of the Crimes Act 1900 (NSW), it is an offence for a person to intentionally or recklessly send, deliver, or directly or indirectly cause another person to receive a document threatening to kill or inflict bodily harm, while knowing the contents of that document.

Importantly, the offence can still be established even if the document is not actually received or the threat is never communicated to the intended person.

Elements of a Threatening Document Offence

To prove the offence, the prosecution must establish each element beyond reasonable doubt.

1. The Accused Knew the Contents of the Document

The Prosecution must prove that the accused knew what the document contained.

2. The Document Was Sent, Delivered or Caused to Be Received

The Prosecution must prove that the accused intentionally or recklessly:

• sent the document;
• delivered the document; or
• directly or indirectly caused another person to receive it.

The document does not need to successfully reach the intended recipient for the offence to apply.

3. The Document Contained a Threat

The Prosecution must establish that the document contained a threat to:

• kill another person; or
• inflict bodily harm on another person.

The meaning and context of the words used may become an important issue in determining whether the document amounted to a threat.

What Are the Penalties for Threatening Documents?

An offence under section 31 of the Crimes Act 1900 (NSW) carries a maximum penalty of 10 years imprisonment.

The sentence imposed will depend on factors including:

• the seriousness of the threat;
• the nature and contents of the document;
• whether the conduct was repeated or planned;
• the relationship between the parties;
• the impact on the alleged victim;
• the accused person’s criminal history;
• whether the matter proceeds as a guilty plea or defended hearing; and
• the accused person’s personal circumstances.

Depending on the seriousness of the matter, sentencing options may include a Conditional Release Order, Fine, Community Correction Order, Intensive Correction Order or Full-time Imprisonment.

Pleading Guilty

If you plead guilty to a threatening document offence, the matter will proceed to sentencing.

The Court will consider the seriousness of the threat, your criminal history, personal circumstances, rehabilitation and any remorse shown. A guilty plea may also be taken into account when determining the appropriate sentence.

Your lawyer can prepare sentencing material and make submissions aimed at achieving the most favourable outcome available in your circumstances.

Pleading Not Guilty

If you plead not guilty, the prosecution must prove every element of the offence beyond reasonable doubt.

Your lawyer may challenge issues such as:

• whether you sent or delivered the document;
• whether you knew the contents of the document;
• whether the words amounted to a threat to kill or cause bodily harm;
• whether your conduct was intentional or reckless;
• whether another person was responsible;
• the reliability of electronic or forensic evidence; and
• inconsistencies in witness or police evidence.

If the prosecution cannot prove the offence beyond reasonable doubt, you should be found not guilty.

Defending a Threatening Document Charge

Depending on the circumstances, possible defences or issues may include:

• lack of knowledge of the document’s contents;
• disputing that the document contained a relevant threat;
• disputing that the accused sent or caused the document to be received;
• mistaken identity;
• duress;
• self-defence where legally available; or
• challenging the reliability and context of the prosecution evidence.

Every case depends on its own circumstances, particularly the wording, context and method by which the alleged document was sent.

Which Court Will Hear the Matter?

Threatening document offences are generally capable of being dealt with in the Local Court of NSW, although more serious matters may proceed on indictment to the District Court of NSW.

Your lawyer can advise you about where your matter is likely to be heard and what to expect throughout the court process.

How We Can Help

At Chidiac & Associates, we understand that allegations involving threats can have serious consequences for your liberty, employment, reputation and future.

We can assist by:

• reviewing the police brief and evidence;
• examining letters, emails, messages and other alleged documents;
• advising you about your plea and legal options;
• identifying possible defences;
• challenging electronic, forensic and witness evidence;
• negotiating with prosecutors where appropriate;
• seeking withdrawal or reduction of charges where available;
• representing you at all court appearances; and
• preparing your matter for hearing, trial or sentencing.