The police use the charge of Bomb Hoaxes when they think someone has made a threat that there is a bomb.
SentencingSentencing in the Magistrates’ Courts of Victoria Please note that suspended sentences were abolished in Victoria for all offences committed on or after 1 September 2014.1
 Sentencing Advisory Council. Abolished Sentencing Orders, accessed December 2, 2020, https://www.sentencingcouncil.vic.gov.au/about-sentencing/abolished-sentencing-orders.
- A person who wants to cause panic leaves a tin can on a tram with a hand-written label saying ‘BOMB.’
- A boy has an upcoming exam that he wants to delay. On the day of the exam, he calls and says a bomb has been planted at the school.
- There was no intention to make the other person think a bomb had been planted.
- Somebody else made the threat.
We had a client who did not want to sit an exam and so he contacted the school and said there was a bomb. He was otherwise a good young man and did not get a conviction.
Questions in cases like this
- Was there a misunderstanding about a joke or lack of serious intention?
- Was there a case of mistaken identity?
Maximum penalty and Court that deals with Bomb Hoaxes
The maximum penalty for Bomb Hoaxes (s317A of the Crimes Act 1958) is 5 years, or a fine of 600 penalty units ($93, 276), or both.
Bomb Hoaxes is generally heard in the Magistrates’ Court.
What can you be sentenced to for this charge?
As people get more worried about bombs the penalties for this offence increase. The Courts take it far more seriously than they would have 10 years ago.
What is the legal definition of Bomb Hoaxes?Legally defined, Bomb Hoaxes means placing a device somewhere, or making a statement of some form, with the intention of making another person believe that an active bomb has been planted.
“Was it you who made the call?”
What can you be sentenced to for this charge?As people get more worried about bombs the penalties for this offence increase. The Courts take it far more seriously than they would have 10 years ago.
Other Important Resources
- VCC summaries – explosive substances case collection 1 Jan 2016-31 August 2016
- Victorian Sentencing Manual: Bomb Threats