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Not all criminal charges fall neatly into categories like drug offences, driving offences, or property crime. NSW and Commonwealth law contain a range of serious charges that arise from specific conduct — threats, hoaxes, associations with criminals, destruction of property, and interference with the justice system among them. Federal law adds its own layer, covering customs and border offences that can result in prosecution by the Commonwealth Director of Public Prosecutions.
The offences covered on this page vary significantly in their elements, penalties, and the court in which they are heard. What they share is that early legal advice matters. Many of these charges turn on the prosecution’s ability to prove a specific mental element, and the facts of the case can make a significant difference to the outcome.
The Australian Legal Practice represents clients facing a wide range of criminal charges across Burwood, Sydney CBD, and Parramatta. Our lawyers are available 24/7, and the first consultation is free. Call (02) 8084 9929 to speak with a principal lawyer.
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
Consorting
Consorting is a criminal offence under section 93X of the Crimes Act 1900 (NSW), carrying a maximum penalty of 3 years imprisonment and a fine of $16,500. It is one of the few offences in NSW where a person can be charged without doing anything unlawful in itself. The offence is made out by continuing to associate with people who have criminal convictions after police have formally warned you to stop.
Many people charged with consorting had no involvement in any criminal activity. The law was introduced in 2012 to disrupt organised crime networks, but it applies to anyone over the age of 14 who keeps company with at least 2 convicted offenders after being warned. Friends, housemates, neighbours, and colleagues can all fall within it, and “consorting” includes phone calls, text messages, and social media contact, not only meeting in person.
Outcomes vary widely. The offence has strict elements that police must satisfy, including a valid official warning for each convicted offender and a pattern of association after that warning. The High Court and the NSW Supreme Court have both confirmed that chance encounters and passing contact do not amount to consorting. Many charges fail on these elements.
Conveying False Information That a Person or Property Is in Danger
Conveying false information that a person or property is in danger is a criminal offence under section 93Q of the Crimes Act 1900 (NSW), carrying a maximum penalty of 5 years imprisonment. It sits within Part 3A, Division 4 of the Act and is the primary NSW charge for bomb threats, hoax emergency calls, and false warnings of danger.
Many people charged with this offence did not intend the consequences that followed. A message sent as a joke, a threat made in anger during an argument, a hoax call made while intoxicated, or a false report to emergency services can all meet the definition. The prosecution does not need to prove that anyone was actually frightened, only that the information was likely to cause fear and that the person conveying it knew it was false.
Where the false information was conveyed by phone, text message, email, or social media, police may instead — or in addition — charge a Commonwealth offence under the Criminal Code Act 1995 (Cth), including using a carriage service for a hoax threat, which carries a maximum of 10 years imprisonment. Outcomes vary widely. Most section 93Q matters are finalised in the Local Court, and where the conduct was impulsive, isolated, and not connected to any real intention to harm, non-conviction and community-based outcomes are achievable
Documents Making Threats
Sending a document that threatens to kill or inflict bodily harm on a person is a criminal offence under section 31 of the Crimes Act 1900 (NSW), headed “Documents containing threats.” It carries a maximum penalty of 10 years imprisonment, and the offence is complete when the document is sent. It does not matter whether the document was ever received, or whether the person threatened ever saw it.
Many people charged with this offence sent a text message, email, or social media message in anger and never intended to carry out the threat. A message sent during a relationship breakdown, a dispute with a neighbour or colleague, or a heated online exchange can meet the definition. “Document” is not limited to letters — it covers any written or electronic record, including text messages, emails, direct messages, and posts.
NSW does not have a single standalone offence called “making threats” or “threat to kill.” Threats are prosecuted under a number of different provisions depending on how the threat was made, who it was made to, and what was threatened. Section 31 is the principal charge for written and electronic threats to kill or injure. Outcomes vary widely, and where the threat was an isolated, impulsive message with no steps taken to act on it, non-conviction and community-based outcomes are achievable.
Intentionally or Recklessly Destroying or Damaging Property
Also known as malicious damage, the charge of intentionally or recklessly destroying or damaging property is found under section 195 of the Crimes Act 1900 (NSW). The basic offence carries a maximum penalty of 5 years imprisonment, rising to 10 years where the damage is caused by fire or explosives.
A phone thrown during an argument, a door kicked in anger, a car scratched in a dispute with a neighbour, or a window broken on a night out can all lead to the charge. The law covers reckless damage as well as deliberate damage, and the property does not need to be expensive or permanently destroyed. The Crimes Amendment Act 2007 replaced malice as a fault element with “intentionally or recklessly,” though the offence is still widely referred to as malicious damage.
Outcomes vary widely. Most matters are finalised in the Local Court and non-conviction outcomes are commonly achieved for first-time offenders where the damage is minor and has been repaid.
Learn more about Intentionally or Recklessly Destroying or Damaging Property
Murder and Manslaughter
Murder and manslaughter are the two homicide offences defined in section 18 of the Crimes Act 1900 (NSW). Murder carries a maximum penalty of life imprisonment, and manslaughter a maximum of 25 years.
The difference between the two charges is the accused’s state of mind. Murder requires an intention to kill or inflict grievous bodily harm, reckless indifference to human life, or a death caused during a serious crime. Every other punishable homicide is manslaughter, including a death caused by an unlawful and dangerous act or by criminal negligence.
A murder charge can be reduced to manslaughter where a partial defence applies, such as extreme provocation, substantial impairment, or excessive self-defence. Where self-defence is raised and the prosecution cannot disprove it, the result is a complete acquittal. Homicide charges are prosecuted by the Office of the Director of Public Prosecutions and tried before a Judge and jury. Murder is a show cause offence under the Bail Act 2013 (NSW), which means the accused must show why their detention is not justified.
Perverting the Course of Justice
Perverting the course of justice is an offence under section 319 of the Crimes Act 1900 (NSW), carrying a maximum penalty of 14 years imprisonment. The offence is broad — it covers any act or omission done with the intention of obstructing, preventing, perverting, or defeating the course of justice.
Asking a friend for a false alibi, pressuring a complainant to withdraw a statement, destroying evidence, or providing a forged character reference for a bail application can all lead to the charge. A failed or clumsy attempt is still an offence, because the prosecution only needs to prove that the accused intended to pervert the course of justice.
The charge can be finalised in the Local Court or the District Court. NSW courts treat it seriously because it directly interferes with the justice system itself.
Customs Offences
Customs offences are federal offences under the Customs Act 1901 (Cth). They cover smuggling, importing or exporting prohibited goods, evading duty, and making false statements to the Australian Border Force (ABF). Penalties range from an infringement notice to 10 years imprisonment, depending on the goods and the offence.
A parcel of steroids ordered online, cartons of cigarettes brought back from overseas, a knife or body armour bought from a foreign website, or an undervalued commercial shipment can all lead to a charge. Some customs offences are strict liability — for those, the prosecution does not need to prove that the person intended to break the law. Other offences, such as importing tier 1 or tier 2 goods and illicit tobacco offences, require proof of intention or recklessness.
Customs matters are investigated by the ABF and prosecuted by the Commonwealth Director of Public Prosecutions (CDPP). Because they are Commonwealth offences, sentencing follows the Crimes Act 1914 (Cth).
If your matter is urgent, call (02) 8084 9929 today to arrange a free initial consultation.
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