Assaults / Violence Offences – VIC

The Law – Threats to inflict serious injury

What the Law states

Crimes Act 1958 – Section 21
Threats to inflict serious injury

21. Threats to inflict serious injury

A person who, without lawful excuse, makes to another person a threat to inflict serious injury on that other person or any other person-

(a) intending that that other person would fear the threat would be carried out; or

(b) being reckless as to whether or not that other person would fear the threat would be carried out-

is guilty of an indictable offence.

Maximum Penalty – Threats to inflict serious injury

5 years imprisonment

What the Police must prove – Threats to inflict serious injury

(a) The accused, without lawful excuse, made a threat to another person to inflict serious injury to that person or some other person.

(b) The accused either intended that that other person would fear that the threat would be carried out or was reckless as to whether that person would so fear.

Street Names

Threat to injure

Possible Defences

(a) Duress
(b) Factual dispute
(c) Lack of intent/recklessness
(d) Mental impairment

Which court will hear the matter

Magistrates’ Court