Author: Andrew George
Practice area: Public Order
Andrew is a founding Director of Doogue + George, ranked by Doyle's Guide as a Leading Criminal Defence Lawyer in Victoria (2026) and an LIV Accredited Criminal Law Specialist since 1995 with over 30 years of experience across all Victorian courts, tribunals and Royal Commissions. His depth of experience in this area means clients receive accurate, considered advice.
View full profile →Andrew authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Bomb Hoaxes?
Bomb Hoaxes is an offence under section 317A of the Crimes Act 1958 (Vic). It covers making a false statement about the presence of a bomb, or placing or sending an article or substance, intending other people to believe that a bomb is due to explode.
Key points
- A false statement, or placing/sending an article or substance, plus an intention to induce belief that a bomb is due to explode.
- Conduct may include a bomb threat statement or leaving/sending something intended to be believed to be a bomb.
- Usual court level: Magistrates’ Court.
The maximum penalty for Bomb Hoaxes is 5 years, or a fine of 600 penalty units ($125,460), or both.
Common defences may include no intention to make another person think a bomb had been planted; somebody else made the threat.
If you have been charged, speak with specialist Bomb Hoax lawyers.
Police Interview
Call us straight away if you have been arrested for making Bomb Hoaxes, or if you know that police want to interview you about this offence. It is often really important to the success of your case that you call us first. Your lawyer will provide you with clear and knowledgeable legal advice about the interview process and when you should consent to forensic procedures. Specialist Bomb Hoax lawyers will advise you of the risks of making a comment during your police interview.
Police officers are trained to ask questions in a way to make admissions or inconsistencies in your version, which may be played in Court later on. You will have important questions for us about the interview, such as:
- Do I need to go to the interview?
- Will I be remanded?
- Should I answer the questions?
Our lawyers can answer these important questions.
Pleading Not Guilty
The police brief for charges such as making Bomb Hoaxes may contain complex forensic material. It is important to seek advice from an experienced criminal lawyer when charged with any offence, and this is particularly so in relation to this type of offence. Your criminal lawyer will assess the evidence in the police brief, request any outstanding material, engage independent experts to analyse forensic material, and of course assist you to defend the charge.
Pleading Guilty
Our expert Bomb Hoax lawyers are trained Court advocates. We will allocate your matter to an appropriately experienced lawyer who will advise you of the risks of pleading guilty and represent you on a plea of guilty. Our lawyers will ensure the summary of agreed facts reflects your instructions. Our lawyers will also make submissions in Court to get the best outcome that they can for you.
Sentencing
Sentencing in the Magistrates’ Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Crimes Act 1958 (Vic) s 317A(2) — 51 charges across 41 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 45.1% |
| Adjourned Undertaking | 35.3% |
| Fine | 11.8% |
| Community Correction Order | 7.8% |
These figures indicate there is a significant and very real risk of imprisonment for this offence.
Examples of Bomb Hoaxes
- 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.
Defences
- 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 our specialist Bomb Hoax lawyers successfully secured a without conviction sentence for him.
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 ($125,460), or both.
Bomb Hoaxes is generally heard in the Magistrates’ Court.
What can you be sentenced to for this charge?
As people are more worried about bombs, the penalties for this offence has increased. The Courts take it far more seriously than they would have 10 years ago.
Legislation
The section that covers this offence is section 317A of the Crimes Act 1958.
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
