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Conveying False Information That a Person or Property is in Danger

Public Order Offences – NSW

Welcome to the NSW Conveying false information that a person or property is in danger article page. Everything you need to know about Conveying false information that a person or property is in danger according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Conveying false information that a person or property is in danger

According to NSW Law for the charge of Conveying false information that a person or property is in danger:

The Maximum Penalty – Conveying false information that a person or property is in danger

According to NSW Law for the charge of Conveying false information that a person or property is in danger,

The Maximum penalty for the offence of Conveying false information that a person or property is in Danger is 5 years imprisonment.

In NSW, a court can impose any of the following penalties for an conveying false information that a person or property is in danger charge.

  • Section 10: conveying false information that a person or property is in danger proven but dismissed
  • Fine
  • Good behaviour bond
  • Community service order (CSO)
  • Suspended sentence
  • Intensive correction order (previously periodic detention)
  • Home detention
  • Prison sentence

You’ll find a brief description of each of these penalties at the bottom of this page.

What the Police must prove according to NSW Law for Conveying false information that a person or property is in danger

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused person conveyed information.
  2. The accused person knew the information to be false or misleading, and that it would be likely to make the person to whom the information was conveyed fear for the safety of a person or of property, or both.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Possible Defences under NSW Law – Conveying false information that a person or property is in danger

Possible defences to a conveying false information that a person or property is in danger charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

In NSW which court will hear the matter – Conveying false information that a person or property is in danger

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Section 10 for a Conveying false information that a person or property is in danger charge: 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.

Fines for a Conveying false information that a person or property is in danger charge: When deciding the amount of a fine for a possession of data with intent charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a Conveying false information that a person or property is in danger charge: 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.

Community service order for a Conveying false information that a person or property is in danger charge (CSO): 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.

Suspended sentence for a Conveying false information that a person or property is in danger charge: 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.

Periodic detention for a Conveying false information that a person or property is in danger charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a Conveying false information that a person or property is in danger charge (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.

Jail for a Conveying false information that a person or property is in danger charge: This is the most serious penalty for the charge of Conveying false information that a person or property is in danger and involves full time detention in a correctional facility.

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