Using Carriage Service to Threaten to Kill | Man faces court after allegedly threatening to kill Victorian Premier

Poppy Morandin and Jimmy Singh.

 

A 53-year-old man from Nimbin has faced court over a series of threatening emails he allegedly sent to Victorian Premier Daniel Andrews.

The emails were allegedly sent to Mr Andrews late last year, around the same time that Victoria’s strict lockdown was lifted.

The Fixated Persons Investigation Unit commenced an investigation after reports a member of Victorian parliament had received threatening emails, which were believed to have been sent from NSW.

Following extensive inquiries, police executed a search warrant at a home at Nimbin where they seized a number of electronic devices including a computer, a tablet, and a mobile phone for forensic examination.

Marco Faccio was arrested and charged with using a carriage service to threaten to kill and two counts of using a carriage service to menace/harass/offend at Lismore Police Station.

He was granted strict conditional bail and appeared at Lismore Local Court on Monday 11 January 2021.

The court adjourned the matter to return in March.

The Fixated Persons Investigations Unit, established in 2017 by Police Commissioner Mick Fuller, focuses on the detection, intervention, and prevention of ‘fixated person’ threats.

These include ‘lone actors’ who are at risk of partaking in grievance-fuelled violence.

It aims to target those who show the warning signs of extremism but have not reached a threshold at which they would be addressed by the counter-terrorism command.

It was launched after the findings of the inquest into the Lindt cafe siege were published.

Mr Fuller has previously outlined that the unit undertakes risks assessments regarding whether a police-driven response or a health-driven response is more appropriate.

“This unit will complement potential targets that will never be seen as an active counter-terrorism target. We need to create a new pathway for people to feel confident they can reach out to police.” he explained.

Law on Using Carriage Service to Threaten to Kill

Section 7 of the Telecommunications Act 1997 (Cth) defines carriage service as “a service for carrying communications by means of guided and/or unguided electromagnetic energy”.

This can include text messages, social media messages, emails, and phone calls.

Using a carriage service to threaten to kill another person and intending that the relevant person fears that the threat will be carried out, carries a maximum penalty of 10 years in jail, pursuant to section 474.15(1) of the Criminal Code 1995 (Cth).

Alternatively, it is an offence to use a carriage service to threaten to cause serious harm to a person, and to intend the relevant person to fear that the threat will be carried out, pursuant to 474.15(2) of the Criminal Code 1995 (Cth). This offence is punishable with a maximum penalty of 7 years imprisonment.

It is unnecessary for the prosecution to prove that the person receiving the threat actually feared that the threat would be carried out.

Questions on this topic? speak to an experienced criminal lawyer from Sydney today.

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