Offences Involving Communications Flashcards
1
Q
What is the offence of bomb hoaxes?
A
Any person who…
- places any article
- sends any article by any means
- biding some person to believe that article will explode or ignite causing injury to persons or damage to property
…OR…
- communicates information which they know or believe to be false to another
- intending any person to believe that something will explode or ignite causing injury to persons or damage to property
- it does not require a specific location to be specified
- a threat to place a bomb in the future would not suffice
2
Q
What is the offence of hoaxes involving noxious substances or things?
A
Any person who…
- places any substance or other thing in any place
- sends any substance or other thing in any way to another
- with the intention that person believe that there is a noxious substance or other thing which will pose a serious risk to human life or risk to human health
…OR…
- sends any communication to another
- the know or believe to contain false information
- intending another to believe
- there is a noxious substance or other thing which is likely to to be present (EITHER AT THE TIME OF COMMUNICATION OR LATER) in any place and thereby endanger human life or risk human health
- the substance does not need to be actually toxic, it can be anything as long as they have the intent to convince another that it is
3
Q
What is the offence of misuse or obstruction of postal services?
A
Any person who…
- without reasonable excuse
- intentionally delays a postal packet in transit
- intentionally opens a postal packet in transit
- intentionally opens a mail bag
…OR…
- intending to cause detriment to another
- intentionally opens a postal packet they reasonably suspect has been incorrectly delivered to them
4
Q
What is the offence of malicious communications?
A
Any person who…
- sends any communication which conveys
- a message which is indecent or grossly offensive
- a threat
- information which false and known or believed by the sender to be false (to cause stress or anxiety)
- in whole or part of grossly offensive nature
- this can include scenarios where a third party delivers the message on the suspects behalf; someone falsely reports to police in order to have them convey the false message to the recipient to cause stress or anxiety
- it is a defence that if someone makes a threat, that the threat is to reinforce a demand made on reasonable grounds and they believe it is an appropriate means of reinforcing that demand (a letter from a bailiff)
5
Q
What is the offence of misuse of an electronic communications network?
A
Any person who…
- BY MEANS OF A PUBLIC COMMUNICATIONS NETWORK
- sends any message that is grossly obscene, offensive, indecent or menacing
- causes any such to be sent
…OR…
- sends a message he knows to be false
- causes any such to be sent
- persistently uses any such network
- networks include internal phone lines at work
- this includes posting offensive jokes online
