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The offence of Document Containing Threats occurs when one posts or sends a letter or communication which threatens to harm, injure or kill another person.
Some examples of the offence of document containing threats might include
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).
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.
Since Documents Containing Threats is a criminal offence, the burden of proof lies on the Prosecution.
The prosecution must prove the Accusedâ€™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:
National Criminal Lawyers (NCL) have been successful in defending a large number of Document Containing threats charges where the prosecution could not establish each of the elements of Document Containing threats. We have also achieved a number of non-convictions for Document Containing threats charges.
NCL offer the following options for those who have been charged with Document Containing threats
If you agree that you have committed the offence and the police are able to prove all the elements of the offence, it is best to plead guilty at an early opportunity to receive the maximum discount. Currently the maximum discount available for an early plea of guilty is 25% of the sentence.
Furthermore, the early guilty plea shows the Court that you have remorse and contrition for your actions.
Our Lawyers at National Criminal Lawyers work closely with you to ensure that we obtain all necessary paper work at increasing the chances of obtaining a non-conviction or section 10.
Document containing threats can be punished with a prison sentence of up to 2 years (if heard in the Local Court) or up to 10 years (If heard in the District Court).
Please note that the penalties mentioned are reserved for the worse case offending and are unlikely to be the penalty you receive.
If you decide to plead not guilty you will need to prepare to go to a Defended Hearing.
A defended hearing is where all the witnesses of that case are called to give evidence. The witnesses are both examined by the prosecution and tested by your defence lawyers. Our Top Lawyers Sydney, headed by Michael Moussa, one of Sydneyâ€™s Best Criminal Lawyers will ensure that your best case is put forward and will advise you on whether an applicable legal defence exists at law.
National Criminal Lawyers have defended numerous people charged with document containing threats and are experts at these hearings.
Sometimes the elements of document containing threats can be established however there also may exist a defence at law. Some of the possible defences available for those charged with document containing threats can include:
For more possible defences that could be applicable to your case, please visit our dedicated criminal defences page.
The Courts are not bound by statistics however there must be reasonable consistency in sentences. A Magistrate or Judge should have regard to what has been done in other cases. In Green  HCA 45, the plurity judgement of French CJ, Kiefel and Creennan JJ stated:
â€śEqual Justiceâ€ť embodies the norm expressed in the terms â€śequality before the lawâ€ť. It is an aspect of the rule of law.
For Document containing threats 70% of offenders received a full-time prison sentence. Our Best Criminal Lawyer Sydney have achieved results where no convictions were recorded.
National Criminal Lawyers have non-convictions for Document Containing Threats charges.
In NSW, a court can impose any of the following penalties for a contravene AVO charge.
However, from the 24 September 2018 new penaltyâ€™s will be replacing the above. They are as follows:
For more information about the what penalties the NSW Courts can impose, please visit our dedication Penalties page.
Our client was charged with document containing threats to a neighbour who police alleged had threatened to kill the neighbour.
Our client argued that the neighbour had provoked the incident and had been the threatening party during the course of the interaction. The case was heard before the Local Court over 2 days.
The court was satisfied the client was acting in defending himself and his family. Moreover, given the large number of inconsistencies between the witnesses during cross-examination our client was acquitted of the charges.
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.
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.
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 document containing threats, our Team and 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.