Conveying False Information that a Person or Property is in Danger


In NSW, conveying false information that a person or property is in danger is an offence that carries a maximum penalty of five years imprisonment.

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

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?

  • 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 you 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 reasonable doubt:-

  • That you conveyed information to a person;
  • You knew that information was false and misleading; and
  • You did so knowing that this information was likely to make the person to whom it was conveyed fear for the safety of:
    • You, 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 offence is a Table 1 offence. That means that your 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 they do so, this will give rise to harsher penalties.

Types of penalties:

Jail: This is the most serious penalty and involves full time detention in a correctional facility. Read more.

Home Detention: As a result of amended legislation this penalty was repealed on 24 September 2018 as a standalone order but may be imposed as a condition of an Intensive Corrections Order (ICO). Home detention is an alternative to full-time imprisonment. In effect the gaol sentence is served at your address rather than in a gaol. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring. Read more.

Intensive Corrections Order (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.

Suspended Sentence: As a result of amended legislation this penalty was repealed on 24 September 2018. This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.

Community Service Order (CSO): As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.

Good Behaviour Bond: As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.

Community Corrections Orders (CCO): A CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the Community Corrections Orders (CCO). Additional conditions may be imposed at the discretion of the court, both at the time of sentence and subsequently upon application by a community corrections officer, juvenile justice officer or the offender. Read more.

Fines: When deciding the amount of a fine the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.

Section 10A: A section 10A is a conviction, with no other penalty attached to it. Read more.

Conditional Release Order (CRO): A CRO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CRO. Read more.

Section 10 avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.

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.

WHY CHOOSE ARMSTRONG LEGAL?

Armstrong Legal
Social Rating
4.5
Based on 274 reviews
×
Legal Hotline.
Open 7am - Midnight, 7 Days
Call 1300 038 223