Maximum Penalty for Bomb Hoaxes in Melbourne – How Serious is This Charge?
There is a maximum penalty of 5 years imprisonment, a fine of 600 penalty units, or both, for anyone found guilty of this charge. The charge of Bomb Hoaxes is a moderate criminal offence. Any case will be heard before a Magistrate in the Magistrates’ Court.
The legislation on Bomb Hoaxes
Section 317A of the Crimes Act 1958 is the relevant legislative provision for Bomb Hoaxes and is as follows:
(1) A person must not-
(a) place an article or substance in any place; or
(b) send an article or substance by any means of transportation-
with the intention of inducing in another person a false belief that the article or
substance is likely to explode or ignite or discharge a dangerous or deleterious matter.
Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine
(600 penalty units maximum) or both.
(2) A person must not, whether within or outside Victoria, make a statement or
convey information to another person which the person making the statement or
conveying the information knows or believes to be false with the intention of inducing
in that person or any other person a belief that an article or substance liable to explode
or ignite or discharge a dangerous or deleterious matter is present in any place in
Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units
maximum) or both.
(3) For a person to be guilty of an offence against subsection (1) or (2) it is not necessary
for him or her to have any particular person in mind as the person in whom he or she
intends to induce the belief referred to in that subsection.
Note: Division 2B of Part 4 of the Sentencing Act 1991 provides for the making of cost recovery orders in respect of costs incurred by emergency service agencies in providing an immediate response to an emergency arising out of the commission of an offence against this section.
Pleading guilty or not guilty to Bomb Hoaxes in a Melbourne Court
Deciding whether you should plead guilty or not guilty to a charge of Bomb Hoaxes has important implications for you and should be made after consulting a criminal defence solicitor. If you are proven guilty there could be very unfavourable consequences.
Elements of the charge of Bomb Hoaxes in a Melbourne Court
The prosecution must show that the defendant placed an article or substance in any place or sent it via any means of transportation. The defendant must have then intended to make another believe that the article or substance was likely to explode, ignite, or discharge a dangerous or deleterious matter. It can also be the case that the defendant made a statement to another, while knowing it to be false, with the intent of creating a belief that the substance was liable to explode, ignite, or to discharge a dangerous or harmful substance.
Defending the charge of Bomb Hoaxes in a Melbourne Court
Defences that are often run in response to this charge include factual dispute, identification dispute, and lack of intent. Depending on the circumstances, other criminal defences may also apply.
For more information on Bomb Hoaxes, you may visit the Doogue O’Brien George Melbourne Criminal Lawyers site (here).
Doogue O’Brien George Melbourne can provide you more details about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on Sep. 16 2013 and relates to the law that stands at this time.