Conveying False Information that a Person or Property is in Danger

In New South Wales, conveying false information that a person or property is in danger is an offence. The maximum penalty for the offence is 5 years imprisonment.

What is Conveying False Information that a Person or Property is in Danger?

The offence of Conveying False Information that a Person or Property is in Danger is contained in section 93Q of the Crimes Act 1900 (NSW), which states: 

A person who conveys information: 

(a) that the person knows to be false or misleading, and 

(b) that is likely to make the person to whom the information is conveyed fear for the safety of a person or of property, or both is guilty of an offence.”

It doesn’t matter if the false information is conveyed or communicated verbally, in writing, sending a message, making a social media post or otherwise. It captures conduct from formal reports to police or emergency services that are false, as well as personal communications to another person or persons. 

The following acts may constitute Conveying False Information that a Person or Property is in Danger:

• Calling 000 to report a fire at an office building to have fireman attend and get out of work;
• Posting a snap chat pretending you are being kidnapped; and
• Messaging your ex-partner late at night and telling them that someone is trying to break into your house and get you in the hope that your ex-partner comes to your rescue. 

What must be proven?

For a person to be found guilty of Conveying False Information that a Person or Property is in Danger the prosecution must prove each of the following matters beyond a reasonable doubt:

• that they conveyed (communicated) information to a person;
• that they knew the information was false or misleading; and
• that they did so knowing that this information was likely to make the person to whom it was conveyed fear for the safety of:
  • themselves or another person; or
  • property.

If the prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is a Table 1 offence, which means that it will be dealt with in the Local Court unless the Prosecution or accused person elects to have the matter dealt with in the District Court.

Possible Defences

The following defences may be available for this charge:

• That you were not the person who conveyed the information;
• That you did not convey information;
• That you did not know the information was false or misleading;
• That you did not know the information was likely to make the other person fear for the safety of themselves, another person, or property; and
• to raise the defence of duress or necessity.

Common Questions about the offence of Conveying False Information that a Person or Property is in Danger

Will I receive a criminal conviction?

Where a person pleads guilty or is found guilty, a conviction and criminal record for this offence is very likely. If a person was to plead not guilty and was acquitted, they would not receive a conviction. 

In NSW, a Court can impose any of the following penalties for this charge:

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10 

The consequences of a conviction can be serious depending upon what a person does for a living. Some jobs require no criminal convictions and a conviction for this charge might jeopardise a person’s employment or make it difficult to obtain visas for overseas travel. A conviction for this offence may completely rule out certain career paths.

Will I go to Gaol for conveying false information that a person or property is in danger?

Potentially. Whether a person will receive a Gaol sentence depends on many factors including whether they plead or are found guilty, the circumstances of the offence itself, any prior criminal history and the person’s own circumstances. 

Conveying False Information that a Person or Property is in Danger can be a serious offence and a gaol sentence may be imposed, particularly if the person has a prior criminal history or has been to Gaol before. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.