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Leaving or Sending an Article With Intent to Cause Alarm

Public Order Offences – NSW

Welcome to the NSW Leaving or sending an article with intent to cause alarm article page. Everything you need to know about Leaving or sending an article with intent to cause alarm according to NSW law – Dated: 31/01/2011
 

What the Law States according to NSW Law for Leaving or sending an article with intent to cause alarm

According to NSW Law for the charge of Leaving or sending an article with intent to cause alarm:

Section 10 for a leaving or sending an article with intent to cause alarm 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 leaving or sending an article with intent to cause alarm charge: When deciding the amount of a leaving or sending an article with intent to cause alarm charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set.

Good behaviour bond for a leaving or sending an article with intent to cause alarm 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 leaving or sending an article with intent to cause alarm 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 leaving or sending an article with intent to cause alarm 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 leaving or sending an article with intent to cause alarm charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.

Intensive correction order for a leaving or sending an article with intent to cause alarm 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 leaving or sending an article with intent to cause alarm charge: This is the most serious penalty for a leaving or sending an article with intent to cause alarm charge and involves full time detention in a correctional facility.
 

The Maximum Penalty – Leaving or sending an article with intent to cause alarm

According to NSW Law for the charge of Leaving or sending an article with intent to cause alarm:

The maximum penalty for the charge of leaving or sending an article with intent to cause alarm (Section 93R of the Crimes Act) is five years imprisonment.

In NSW, a court can impose any of the following penalties for a leaving or sending an article with intent to cause alarm charge.

  • Section 10: Indecent Assault 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.

Likely Penalty

Local Court
Based on our experience and statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of leaving or sending an article with intent to cause alarm, if heard in the Local Court, is likely to be imprisonment for a period of 12 months.
 

What the Police must prove according to NSW Law for Leaving or sending an article with intent to cause alarm

To convict you of a leaving or sending an article with intent to cause alarm charge, the police must prove each of the following matters beyond a reasonable doubt:

  • You left an article.
  • You knew the person receiving the article would be likely to cause alarm.

They will also need to prove that you were the person who committed the leaving or sending an article with intent to cause alarm offence.
 

Possible Defences under NSW Law – Leaving or sending an article with intent to cause alarm

Possible defences to a leaving or sending an article with intent to cause alarm charge include but are not limited to:

  • Duress
  • Necessity
  • Self Defence

 

In NSW which court will hear the matter – Leaving or sending an article with intent to cause alarm

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.

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