Assaults / Violence Offences – VIC

Welcome to the VIC Threats to kill article page. Everything you need to know about Threats to kill according to VIC law.

What the Law states according to VIC Law for Threats to Kill

According to VIC Law for the charge of Threats to Kill,

Crimes Act 1958 – Section 20
Threats to Kill

20. Threats to kill

A person who, without lawful excuse, makes to another person a threat to kill 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 Kill

According to VIC Law for the charge of Threats to Kill, the maximum penalty for a charge of Threats to Kill is 10 years imprisonment.

The charge of Threats to Kill is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.

What the Police must prove – Threats to Kill

(a) The accused, without lawful excuse, made a threat to another person to kill 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.

Possible Defences under VIC Law – Threats to Kill

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

Which court will hear the matter – Threats to Kill

The charge of Threats to kill is heard in the Magistrates’ Court.

Further law information can be found on Melbourne Criminal Lawyers site (click here).

 

Date: 09/01/2009