In New South Wales, the law takes threats of violence very seriously, especially when those threats are delivered in writing. Under Section 31 of the Crimes Act 1900, it is a criminal offence to send or deliver a document that contains threats to kill or cause bodily harm. A conviction for this offence can lead to a maximum penalty of 10 years in prison.

Legislation

Section 31 makes it clear: if you send or deliver any document containing threats to another person’s life or physical safety, you are committing a crime. The law applies regardless of whether:

• The person receiving the document actually opens or reads it.
• The threat is acted upon or not.

The act of sending or delivering such a document is enough to trigger criminal liability.

Key Legal Elements

Here are the main elements prosecutors must prove to secure a conviction under Section 31:

1. Sending or Delivering the Document

The accused must have either sent or delivered a document. This could be via post, email, or any other method.

2. The Threat

The document must include a clear threat to kill or cause grievous bodily harm.

3. Knowledge or Recklessness

The sender must have known, or been reckless of the fact, that the document contained a threat.

4. No Need for Receipt

It is not necessary for the intended recipient to have received or read the document. The offence is complete once the document is sent or delivered.

Example

If someone mails a letter to another person that contains a threat to physically assault them. Even if the letter is intercepted and never reaches the recipient, the sender can still be charged under Section 31 and, if found guilty, face up to 10 years in prison.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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