A letter that is written and sent which threatens to harm, injure or kill another person is a criminal offence.
Some examples are:
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”.
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.
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:
Some of the possible defences available for those charged with Letter(s) Containing Threats can be as follows:
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
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:
“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.
For Letter/Document(s) containing threats, Rep-Revive Criminal Lawyers® offers the following options:
For further information on your choices at law click on (CHOICES AT LAW tab on our website)
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Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court.
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If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.