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Threatening Letters

Robbery Offences – NSW

Welcome to the NSW Threatening letters article page. Everything you need to know about Threatening letters according to NSW law – Dated: 01/09/2009

What the Law States according to NSW Law for Threatening letters

According to NSW Law for the charge of Threatening letters:

The Maximum Penalty – Threatening letters

According to NSW Law for the charge of Threatening letters:

The Maximum penalty for the offence of threatening letters is 14 years imprisonment.

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 threatening letters, if heard in the Local Court, is likely to be a suspended sentence under section 12 of the Crimes (Sentencing Procedure) Act.

For first time offenders the likely penalty is a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.

District Court

If the matter is finalised in the District Court the likely penalty is a suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.

What the Police must prove according to NSW Law for Threatening letters

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 sent, delivered, or caused to be delivered.
  2. A letter or writing threatening to accused any person of a serious indictable offence, or committing or attempting to commit an offence as defined in Section 104, or of having committed an offence against decency in a public place.
  3. The letter or writing was sent etc with intent to extort or gain property from any person.
  4. The accused knew the contents thereof.

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 – Threatening letters

Possible defences to this offence include but are not limited t:

  • Duress
  • Necessity
  • Intoxication

In NSW which court will hear the matter – Threatening letters

This matter is strictly indictable which means that it can only be finalised in the District Court.

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