How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 65244
Experience:  Over 5 years in practice.
12826847
Type Your UK Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

For Malicious communications what is the starting point of

Resolved Question:

For Malicious communications what is the starting point of sentence, if you were charged and pleaded guilty to sending random mail to anyone which contained harmless white powder
Submitted: 3 years ago.
Category: UK Law
Expert:  Jo C. replied 3 years ago.
Hi

Thank you for your question. I will try to help with this.

-Could you explain your situation a little more?
Customer: replied 3 years ago.
if I plead guilty in magistrate court to sending 5 mail what could happen
Expert:  Jo C. replied 3 years ago.
So the facts are that you've sent a harmless white powder and they've charged it as a malicious communication?
Customer: replied 3 years ago.
thats right, but technically aint it an act of terrorisum, its my second offence, the first was 10 months ago for shop lifting, was handed a 12 month conditional discharge
Expert:  Jo C. replied 3 years ago.


They could have charged it under the Terrorism legislation but they are getting more sensible with that.

What is the legislation on your charge sheet? I'm surprised they charged this as a malicious communication.
Customer: replied 3 years ago.
lets say your charged under the terror act
Expert:  Jo C. replied 3 years ago.

I need to know what you are charged with.
Customer: replied 3 years ago.
charged with sending 5 anthrax hoaxes, attempting to cause a public niusence
Expert:  Jo C. replied 3 years ago.
OK. I'm surprised they charged that as public nuisance as well.

In any event, public nuisance is contrary to common law and so the starting point is a fine and the maximum is life. Of course, you wouldn't get either of those sentences.

The case law isn't particularly similar. The case of Lowrie does involve a person who made hoax phone calls to emergency services. He got 8 years but he had previous sentences of 5 years and he had made literally thousands of calls.

In fact the sentencing on communicating a hoax bomb threat is more relevant and that ranges from 12 months to 2 years depending on the danger to the public caused by panic.

If they haven't brought this under the Terrorism legislation then they probably won't do so now.

I'm happy to discuss this but please remember to click on accept.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 65244
Experience: Over 5 years in practice.
Jo C. and 4 other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 
Chat Now With A Solicitor
Jo C.
Jo C.
Solicitor
65244 Satisfied Customers
Over 5 years in practice.