Other Criminal Offences – VIC

Welcome to the VIC Bomb hoaxes article page. Everything you need to know about Bomb hoaxes according to VIC law.

What the Law States according to VIC Law for Bomb hoaxes

According to VIC Law for the charge of Bomb hoaxes,

Crimes Act 1958 – SECT 317A
Bomb hoaxes

317A. Bomb hoaxes

(1) A person must not-

(a) place an article or substance in any place; or

(b) send an article or substance by any means of transportation-

with the intention of inducing in another person a false belief that the article or substance is likely to explode or ignite or discharge a dangerous or deleterious matter. Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both.

(2) A person must not, whether within or outside Victoria, make a statement or convey information to another person which the person making the statement or conveying the information knows or believes to be false with the intention of inducing in that person or any other person a belief that an article or substance liable to explode or ignite or discharge a dangerous or deleterious matter is present in any place in Victoria.

Penalty: Level 6 imprisonment (5 years maximum) or a level 6 fine (600 penalty units maximum) or both.

(3) For a person to be guilty of an offence against subsection (1) or (2) it is not necessary for him or her to have any particular person in mind as the person in whom he or she intends to induce the belief referred to in that subsection.

Note Division 2B of Part 4 of the Sentencing Act 1991 provides for the making of cost recovery orders in respect of costs incurred by emergency service agencies in providing an immediate response to an emergency arising out of the commission of an offence against this section.

The Maximum Penalty – Bomb hoaxes

According to VIC Law for the charge of Bomb hoaxes, 5 years / 600 penalty units.

What the Police must prove according to VIC Law for Bomb hoaxes

1. the accused did
(a) place an article or substance in any place; or
(b) send an article or substance by any means of transportation-

2. intent to make another believe that the article or substance is likely to explode or ignite or discharge a dangerous or deleterious matter.

Or

1. the accused did make a statement to another
2. knowing it to be false
3. with the intention of creating belief that a substance is liable to explode or ignite or discharge a dangerous or harmful substance

Possible Defences under VIC Law – Bomb hoaxes

(1) Factual dispute
(2) Lack of intent
(3) Identification dispute

In VIC which court will hear the matter – Bomb hoaxes

Magistrates’ Court

 

Date: 09/01/2009