Use a carriage service to threaten (serious harm or to kill) – sECTION 474.15 of the Criminal Code Act 1995.

• The maximum penalty for using a carriage service to threaten serious harm is 7 years imprisonment.
• The maximum penalty for using a carriage service to threaten to kill someone is 10 years imprisonment.

Please note that such a penalty is reserved for the most serious cases only. 

This option is recommended only where you accept that you:

• used a carriage service; and
• you used the carriage service to transmit a threat (serious harm or death)
• you held an intention that the person receiving the threat will fear that it will be carried out.

A plea of guilty at the first available opportunity entitles you to a maximum sentencing discount of 25 per cent. It demonstrates to the court that you have accepted responsibility for your actions.

What possible outcomes exist?

• A non-conviction via a section 10 – asking the court for leniency
  • Leniency is where the court exercises a discretion not to convict you. Therefore, you will avoid:
    • a fine or a penalty.
    • a conviction.
• Conditional release order “CRO” (with or without conviction)
  • This is usually subject to a period of good behaviour.
  • If an offence is committed during the period of the order, a court may resentence you for the offence committed.
• Community Corrections Orders (“CCO”)
  • An example of a CCO is performing service within the community.
• Intensive Corrections Order (“ICO”)
  • This is where a term of imprisonment can be served in the community.
• Full-time imprisonment
  • Served in a correctional facility.

To prove this offence, the Prosecution must establish beyond a reasonable doubt that:

• used a carriage service; and
• you used the carriage service to transmit a threat (serious harm or death)
• you held an intention that the person receiving the threat will fear that it will be carried out.

If the Prosecution cannot prove all of the above elements beyond reasonable doubt, then the court must find you not guilty.

Defences:

• You did not use a carriage service
• You were not responsible for sending the communication.
• You did not intent that the person believe that the threat would be carried out.
• Intoxication (must not be self-induced) or other involuntary conduct: you could not have formed the requisite intent.
• Duress: circumstances or the threats of another compelled you to act in the manner you had.