Leaving or Sending an Article with Intent to Cause Alarm

In NSW, it is an offence to leave or send a substance or article, intending that by doing so you will cause alarm. The offence specifically criminalises instances where people send or leave packages, parcels or envelopes containing substances or items which either are, or are intended to be believed to be, dangerous or harmful.  

The offence carries a maximum penalty of 5 years imprisonment.

What is the Offence of Leaving or Sending an Article with Intent to Cause Alarm?

The offence of Leaving or Sending an Article with Intent to Cause Alarm is contained in section 317 of the Crimes Act 1900 (NSW) which states:

(1) A person–

(a) who leaves in any place, or sends by any means, a substance or article, and

(b) who intends to induce a false belief that the substance or article is likely to be a danger to the safety of a person or of property, or both,

is guilty of an offence.

The following acts may constitute an offence of Leaving or Sending an Article with Intent to Cause Alarm:

• Leaving a backpack with wires poking out of the top of it at a train station with the intention that people might think it is a bomb;
• Sending unsealed biochemical containers to people in the mail marked with a label “Warning – Dangerous Virus”; or
• Posting a white substance to a public figure with a death threat and insinuating the substance is anthrax. 

What Must be Proven?

For a person to be found guilty of Leaving or Sending an Article with Intent to Cause Alarm the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That you left in a place or sent an article or substance;
• That you intended that people would (falsely) believe that such was likely to be a danger to the safety of a person and/or property.

Which Court Will Hear the Matter?

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

Possible Defences to Leaving or Sending Article with Intent to Cause Alarm

The following defences may be available:

• To argue that you were not the person who committed the crime;
• That you didn’t either leave an article or substance in a place or send an article or substance;
• To argue that what was left or sent wasn’t actually an article or substance;
• To argue that you didn’t intend people would believe that such was likely to be a danger to the safety of a person and/or property; or
• To argue necessity or duress.

Common Questions

Will I receive a criminal conviction?

Probably. While prosecutions for this offence are relatively rare, where a person pleads guilty or is found guilty, a conviction and criminal record for this offence is very likely. However, it remains 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 and any need to travel. It is important to get legal advice if you think an offence like this would impact your future. 

Will I go to Gaol?

Potentially. While it’s more likely that a person receives a non-custodial outcome (such as an intensive corrections order or community corrections order), Gaol sentences have been imposed for this offence previously. There is also a low number of prior prosecutions which makes relying on past indicators as to sentence difficult. 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.