What is Document containing threats ?

The offence of Document Containing Threats occurs when one posts or sends a letter/communication which threatens to harm, injure or kill another person.

Some examples of the offence of document containing threats might include

  • Posting a letter to your old boss saying, “I am going to kill you”;
  • Writing to a family member saying the world is better off without you – “I hope you die”; and/or
  • Writing to a member of parliament and threatening to harm them

Jurisdiction
The offence of Document Containing Threats is what is known as a Table 1 offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is made on indictment by the Department of Public Prosecutions (DPP).

The Law
Section 31 of Crimes Act 1900 (NSW) provides that:
A person who intentionally or recklessly, and knowing its contents, sends or delivers, or directly or indirectly causes to be received, any document threatening to kill or inflict bodily harm on any person is liable to imprisonment for 10 years.

What must the prosecution prove?

Since Documents Containing Threats is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Documents Containing Threats.
To establish Document Containing threats, the prosecution must prove each of the following matters beyond reasonable doubt:

  • That you intentionally or recklessly did an act;
  • That act caused a letter or document to be sent, delivered or received by someone;
  • That letter or document threatened to either kill or inflict bodily harm on another person; and
  • You knew the contents of the document or letter.

If you are charged with the offence of Affray what are your options?

National Criminal Lawyers (NCL) have been successful in defending a large number of affray charges where the prosecution could not establish each of the elements of affray. We have also achieved a number of non-convictions for affray charges.

NCL offer the following options for those who have been charged with affray:

  1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
  2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
  3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
  4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Stalk/Intimidate offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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