Understanding the Offence of ‘Leaving or Sending an Article with Intent to Cause Alarm’ in NSW

The offence of leaving or sending an article with intent to cause alarm is a criminal violation in New South Wales (NSW) that addresses actions designed to create public fear or panic by making others believe a substance or item poses a danger to health, safety, or property. This charge can arise in various scenarios, such as hoax threats or false alarms, and carries substantial penalties, including imprisonment and a criminal record that can affect employment, travel, and reputation. Understanding this offence is crucial for anyone facing or affected by such allegations, as it highlights the importance of legal representation to navigate the complex legal landscape. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against this offence and related charges. As leading Sydney criminal Defence lawyers and traffic law specialists, we are committed to protecting your rights and achieving the best possible outcome in NSW courts.

In this article, we explore everything you need to know about the offence of leaving or sending an article with intent to cause alarm in NSW, including its legal definition, penalties, defences, and how a lawyer can help mitigate or dismiss charges. Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

What Is the Offence of Leaving or Sending an Article with Intent to Cause Alarm in NSW?

The offence of leaving or sending an article with intent to cause alarm is defined under section 93R of the Crimes Act 1900 (NSW). This provision criminalises the act of placing or delivering a substance or item in a way that is meant to create a false belief in others that the object poses a risk to health, safety, or property. The law aims to prevent acts that induce public panic, economic loss, or unnecessary emergency responses, such as hoax bomb threats or false contamination claims.

To secure a conviction, the prosecution must prove beyond a reasonable doubt:

1. Leaving or Sending: The defendant left the article in a place (e.g., a public building) or sent it by any means (e.g., mail, delivery service).
2. Substance or Article: The item was a substance (e.g., powder) or article (e.g., a package) that could induce fear.
3. Intent to Induce False Belief: The defendant intended to make another person believe the item was likely to endanger health, safety, or property (e.g., a fake bomb causing evacuation).
4. Unlawful: The act was not authorised or justified by law (e.g., no legitimate security testing).

The offence is typically prosecuted as a summary offence in the Local Court (e.g., Parramatta, Liverpool, or Campbelltown) for less severe cases or as an indictable offence in the District Court if it involves aggravating factors like widespread alarm or economic loss.

Examples of the Offence

• Hoax Bomb Threats: Leaving a package labelled as a bomb in a shopping centre to cause evacuation and alarm.
• False Contamination: Sending a letter with a harmless powder claiming it’s anthrax, inducing fear of health risks.
• Public Transport Incidents: Placing a suspicious item on a train or bus to create panic among passengers.
• Workplace Sabotage: Leaving a contaminated product in a factory to cause economic loss through recalls.
• Social Media Hoaxes: Sending articles or substances via mail with accompanying threats on social media to amplify public fear.

These acts can lead to widespread disruption, as seen in past hoax incidents that prompted emergency responses and media coverage.

Related Offences

This offence is often charged alongside or instead of related offences under the Crimes Act 1900:

• Making False Statements Concerning Contamination (section 93M): Making false claims about contaminated goods, with up to 10 years imprisonment.
• Contamination of Goods with Intent to Cause Public Alarm (section 93K): Tampering with goods to cause fear or economic loss, with up to 10 years imprisonment.
• Public Mischief (section 93Z): Making false reports to police, with up to 12 months imprisonment.
• Bomb Hoaxes (section 93Q): Making false bomb threats, with up to 5 years imprisonment.
• Terrorism Offences (section 101.1, Criminal Code Act 1995 (Cth)): If the act is linked to terrorism, with life imprisonment.

Penalties for Leaving or Sending an Article with Intent to Cause Alarm in NSW

The penalties for this offence are substantial, reflecting the potential for public harm and disruption. Under section 93R of the Crimes Act 1900, the penalties are:

• Maximum Penalty: Up to 5 years imprisonment.
• Local Court: As a summary offence, the Local Court can impose up to 2 years imprisonment and/or a $5,500 fine (50 penalty units).
• District Court: For indictable cases, the full 5-year penalty applies, often with a non-parole period for custodial sentences.
• Non-Conviction Outcomes: In exceptional cases (e.g., first-time offenders with minimal alarm caused), courts may impose a section 10(1)(a) dismissal or Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, avoiding a conviction.
• Fines: Up to $5,500 in the Local Court or higher in the District Court, with potential civil fines for economic losses.

Additional Consequences

A conviction can lead to:

• Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
• Employment: A criminal record can hinder job prospects, particularly in roles requiring background checks (e.g., security, education, or government).
• Travel: Countries like the USA and Canada may deny entry for offences involving public harm or threats.
• Reputation: A conviction can damage personal and professional relationships, especially if the incident was public or media-reported.
• Civil Liability: Victims or affected parties may seek compensation for losses through civil proceedings.
• Apprehended Violence Orders (AVOs): If the act targeted individuals, an Apprehended Personal Violence Order (APVO) may be imposed.

Sentencing Considerations

Under section 21A of the Crimes (Sentencing Procedure) Act 1999, courts consider:

• Aggravating Factors: Causing actual alarm, economic loss, or targeting vulnerable groups (e.g., schools or hospitals).
• Mitigating Factors: First-time offender, genuine remorse, cooperation with authorities, or lack of actual harm.

How a Sydney Criminal Lawyer Fights a Leaving or Sending Article Charge

A Sydney criminal defence lawyer employs a range of strategies to defend against this charge, from challenging the prosecution’s evidence to negotiating outcomes. Below are some of the key approaches used by Nicopoulos Sabbagh Lawyers:

1. Analysing the Prosecution’s Evidence

The prosecution must prove intent and the act’s potential to cause alarm. A lawyer will scrutinise:

• Forensic Evidence: Analysis of the article or substance to confirm it could induce fear (e.g., harmless powder mistaken for anthrax).
• Witness Statements: Cross-examine accusers or bystanders to expose inconsistencies or bias.
• CCTV Footage: Review footage to confirm the act or lack of intent.
• Police Reports: Identify procedural errors, such as failure to provide a caution (section 122, Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)).

2. Challenging Intent to Cause Alarm

A lawyer can argue:

• No intent to induce false belief (e.g., the act was a prank without malice).
• The article was not likely to cause alarm (e.g., a joke item among friends).
• No public harm: The act did not result in actual alarm or loss.

3. Raising Legal Defences

If applicable, several defences can be raised:

• Lack of Intent: You did not intend to cause alarm (e.g., accidental leaving of an item).
• Mistake of Fact: You reasonably believed the act was harmless (e.g., thought the substance was innocuous).
• Duress: You were coerced into the act under threat of harm.
• Mental Health or Cognitive Impairment: If a mental health condition contributed, a lawyer may seek a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
• Unlawful Police Conduct: Evidence obtained through an illegal search (section 21, LEPRA) can be excluded under section 138, Evidence Act 1995.

5. Securing Favourable Outcomes

A lawyer can advocate for any of the following outcomes on sentence:

• Section 10(1)(a) Dismissal: No conviction, fine, or penalty.
• Section 10(1)(b) Conditional Release Order (CRO): No conviction, with conditions like good behaviour for up to 2 years.
• Community Correction Order (CCO): Community service or supervision instead of imprisonment.
• Mental Health Diversion: Treatment under section 14 for offenders with mental health issues.

6. Presenting Mitigating Factors

A lawyer can present mitigating factors to reduce penalties:

• Character References: Letters from employers, family, or community members highlighting your good character.
• Remorse: Evidence of apologies, cooperation with authorities, or restitution for losses.
• Rehabilitation: Completion of counselling or ethics programs to demonstrate reform.
• Hardship: Proof that a conviction would impact employment or family responsibilities.

7. Appealing a Conviction

If convicted, a lawyer can appeal to the District Court or Court of Criminal Appeal within 28 days under the Crimes (Appeal and Review) Act 2001 if:

• The sentence is unduly harsh (e.g., excessive imprisonment).
• New evidence supports your innocence (e.g., testimony showing no intent).
• Procedural errors occurred during the trial.

A lawyer can also assist with a spent conviction under the Criminal Records Act 1991 after a crime-free period (10 years for adults, 3 years for juveniles).

The Court Process for a Contamination of Goods Charge

The court process typically involves:

1. Investigation:
   1. Police or consumer protection agencies collect evidence, such as product samples, CCTV footage, or passenger statements.
2. Arrest or Court Attendance Notice (CAN):
   1. Police may arrest you under section 99 of LEPRA or issue a CAN for a Local Court appearance.
3. Bail Application:
   1. A lawyer applies for bail under the Bail Act 2013, arguing you pose no risk.
4. Court Mention:
   1. You enter a plea (guilty or not guilty) in the Local Court. If not guilty, a hearing is scheduled.
5. Hearing or Sentencing:
   1. If pleading not guilty, a hearing examines evidence to determine guilt.
   1. If pleading guilty or found guilty, a sentencing hearing determines penalties.
6. Possible Outcomes:
   1. Non-conviction orders (section 10 dismissal or CRO).
   1. Conviction with fines, imprisonment, or restitution orders.
   1. Mental health diversion under section 14.
7. Appeals:
   1. Appeal to the District Court or Court of Criminal Appeal if the outcome is unfair.

Steps to Take When Facing a Contamination of Goods Charge

To protect your rights and improve your case outcome, follow these steps:

1. Engage a Sydney Criminal Lawyer Immediately:
   1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case and develop a defence strategy.
2. Exercise Your Right to Silence:
   1. Avoid making statements to police without legal advice (section 89, Evidence Act 1995).
3. Gather Evidence:
   1. Collect product samples, witness statements, or lab reports to support your defence.
   1. Provide character references or proof of rehabilitation.
4. Prepare for Court:
   1. Work with your lawyer to present a robust defence or negotiate a plea deal.
5. Show Remorse:
   1. Consider apologetic gestures or completing rehabilitation programs to demonstrate reform.
6. Appeal if Necessary:
   1. If convicted, appeal to the District Court or apply for a spent conviction.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for contamination of goods, criminal, and traffic law matters in Sydney, NSW. Our team offers:

• Specialised Expertise: In-depth knowledge of the Crimes Act 1900, Crimes (Sentencing Procedure) Act 1999, and Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
• Proven Results: Securing section 10 dismissals, CROs, and charge reductions across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
• Court Navigation: Expertise in managing cases amidst disruptions, such as the Downing Centre Local Court closure until late 2025.
• Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
• Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free consultation.

Don’t let a contamination of goods charge derail your future. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

The offence of contamination of goods with intent to cause public harm is a serious criminal violation in NSW, carrying penalties of up to 10 or 15 years imprisonment and significant life consequences. A Sydney criminal defence lawyer can defend against this charge by challenging intent, evidence, or causation, raising defences like mistake of fact or mental health diversions, and securing reduced charges or sentences. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your record, career, and freedom are safeguarded. Whether facing a charge for a hoax threat or actual tampering, our team is here to guide you through the legal process.

Take control of your case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you fight your contamination of goods charge and achieve the best possible result in NSW courts.

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_{*This article correctly reflects the Laws of NSW as of 18^th August 2025.}

_{*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship}