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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70011
Experience:  Over 5 years in practice.
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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: 5 years ago.
Category: UK Law
Expert:  Jo C. replied 5 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 5 years ago.
if I plead guilty in magistrate court to sending 5 mail what could happen
Expert:  Jo C. replied 5 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 5 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 5 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 5 years ago.
lets say your charged under the terror act
Expert:  Jo C. replied 5 years ago.

I need to know what you are charged with.
Customer: replied 5 years ago.
charged with sending 5 anthrax hoaxes, attempting to cause a public niusence
Expert:  Jo C. replied 5 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.
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