LETTERS CONTAINING THREATS

A letter that is written and sent which threatens to harm, injure or kill another person is a criminal offence.

Some examples are:

• 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.

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”.

Maximum penalty

Letters or documents 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.

THE FACTS THAT MUST BE PROVEN

Since Letters or 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 Letters or Documents Containing Threats.

To establish you sent letter/document(s) containing threats, the prosecution must prove:

• That you intentionally or recklessly did an act; and
• 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.

Defences

Some of the possible defences available for those charged with Letter(s) Containing Threats can be as follows:

• If you were compelled to act in a certain way due to the circumstances, or the threats of another your case may come under the argument of duress.

If your actions were necessary to prevent a greater harm from occurring to you or someone else, you may come under the argument of necessity

Statistics

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 [2011] HCA 45, the plurity judgement of French CJ, Kiefel and Creennan JJ stated:

“Equal Justice” embodies the norm expressed in the terms “equality before the law”. It is an aspect of the rule of law.

For Document containing threats 70% of offenders received a full-time prison sentence.

CHOICES AT LAW OPTIONS

For Letter/Document(s) containing threats, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.