False Statements Concerning Contamination of Goods

In New South Wales making a false statement concerning the contamination of goods with intent to cause public alarm or economic loss is an offence. ‘Making a statement’ includes conveying information by any means and captures verbal conduct, electronic messages and social media posts. The offence also captures the conduct of a person who makes the statement outside of NSW where they intend to cause public alarm, anxiety or economic loss within NSW. The offence carries a maximum penalty of 10 years imprisonment.

What is the Offence of Making a False Statement Concerning Contamination of Goods?

The offence of Making a False Statement Concerning Contamination of Goods with intent to cause public alarm or economic loss is contained in section 93M of the Crimes Act 1900 (NSW) which states:

(1) A person who makes a statement that the person believes to be false–

(a) with the intention of inducing the person to whom the statement is made or others to believe that goods have been contaminated, and

(b) with the intention of thereby–

(i) causing public alarm or anxiety, or

(ii) causing economic loss through public awareness of the contamination,

is liable to imprisonment for 10 years.

(2) For the purposes of this section, making a statement includes conveying information by any means.

The relevant legal definitions of ‘contaminate’, ‘goods’ and ‘economic loss’ are contained in section 93J of the Crimes Act 1900 (NSW) as detailed below.

“contaminate” goods includes–

(a) interfere with the goods, or

(b) making it appear that the goods have been contaminated or interfered with.

“goods” includes any substance or article–

(a) whether or not for human consumption, and

(b) whether natural or manufactured, and

(c) whether or not incorporated or mixed with other goods.

Economic loss caused through public awareness of the contamination of goods includes a reference to economic loss caused through:

• members of the public not purchasing or using those goods or similar goods; or
• steps taken to avoid public alarm or anxiety about those goods or similar goods.

The following acts may constitute an offence of Making a False Statement Concerning Contamination of Goods:

• making a fictitious report to a local newspaper that an employee at a local restaurant has been putting sleeping tablets in some of the dishes;
• making an anonymous tip off on radio that a popular medication has been contaminated and its use is causing side effects; or
• leaving a false Google Review stating that a company’s all natural bath salts have been interfered with and include non-natural chemicals.

What Must be Proven?

For a person to be found guilty of Making a False Statement Concerning Contamination of Goods the prosecution must prove each of the following matters beyond a reasonable doubt:

• You made a statement;
• You believed the statement to be false;
• You intended to induce the person to whom the statement was made (or others) that the goods had been contaminated; and
• You intended to cause public alarm, anxiety or economic loss.

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 Table 1 offence, which means the matter will be finalised in the Local Court either the Prosecution or the Accused can elect to have it dealt with in the District Court. 

Possible Defences for Making a False Statement Concerning Contamination of Goods

The following defences may be available for Making a False Statement Concerning Contamination of Goods:

• That you did not make a statement;
• You did not believe the statement to be false (or you believed it to be true);
• You did not intend to include the person to whom the statement was made or others that the goods had been contaminated; or
• You did not intend to cause public alarm, anxiety or economic loss; or
• to raise the defence of duress or necessity.

Common Questions about False Statements Concerning Contamination of Goods

Will I receive a criminal conviction?

Usually, but not always. Where a person pleads guilty or is found guilty, a conviction and criminal record for this offence will typically be the starting point. However, it may be possible to avoid a conviction. 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 might jeopardise a person’s employment or make it difficult to obtain visas for overseas travel. 

Will I go to Gaol for this charge?

Possibly. 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. 

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