This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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 that carries a maximum penalty of five years imprisonment. This article outlines what is involved in that offence.

The Offence of 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 Crimes Act 1900, 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.”

What Actions Might Constitute Conveying False Information That A Person or Property is in Danger?

A person may be charged with this offence base don the following actions:

  • Section 93Q(2) states that an offence under this section can be committed if the information is conveyed by any means, including making a statement, sending a document, or transmitting an electronic or other message.
  • An offence under this section can be committed by more traditional methods, such as: making a report to Police or other authorities or by phoning an emergency phone line such as 000.
  • The effect of subsection (2) is to broaden the methods this offence can be committed, such as: by sending text messages, emails or even through social media.

What the Police Must Prove

To find a person guilty of the offence of the offence of conveying false information that a person or property is in danger, the police must prove each of the following beyond a reasonable doubt:

  • That they conveyed information to a person;
  • That they knew that information was false and misleading; and
  • 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.

Possible Defences for Conveying False Information that a Person or Property is in Danger

It is a defence to an offence of conveying false information that a person or property is in danger if you can show that you did not know that the information was false or misleading.

Which Court Will Hear Your Matter?

This matter will likely be dealt with in the Local Court. However, either the Prosecutor or the Defendant can elect to have the matter dealt with in the District Court.

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

WHERE TO NEXT?

If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.

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