Malicous Comms

Question 1

What makes a person guilty of Malicious communications?

Answer 1

A person is guilty of Malicious communications;

A) Any person who sends another a letter, electronic communication or article of any description which conveys a message which is indecent or GROSSLY offensive or a threat or information which is false and known or believed to be false by the sender

Or

B)Any article or electronic communication which is in whole or in part of an indecent or GROSSLY offensive nature.

IS GUILTY of an offence if his purpose or one of his purposes in sending it falls under either of those category’s OR If it causes Distress or anxiety to the recipient.

Question 2

Is this a summary only offence?

Answer 2

NO! - Either Way
Summary (up to 12 months and/or a fine)
Indictment (2 years max and/or fine)

Question 3

When is a person Not guilty of Mal comms?

Answer 3

A person is not guilty when;

A) The threat was used to reinforce a demand made by him on reasonable grounds

B) That he believed and had reasonable grounds for believing that the use of the threat was a proper means of reinforcing the demand.

Question 4

What year is the Malicious communications act?

Answer 4

1988!