Australian Capital Territory Current Acts

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CRIMINAL CODE 2002 - SECT 406

Threat to cause property damage—fear of death or serious harm

    (1)     A person commits an offence if the person—

        (a)     intentionally makes to someone else a threat to damage property; and

        (b)     is reckless about causing that person to fear that the carrying out of the threat will kill or cause serious harm to that person or another person.

Maximum penalty: 700 penalty units, imprisonment for 7 years or both.

Note     The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see s 20 (4)).

    (2)     In the prosecution of an offence against this section it is not necessary to prove that the person threatened actually feared that the threat would be carried out.



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