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Threats to inflict serious injury

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Paul McClure
Criminal Defence Lawyer


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Assaults / Violence Offences - VIC
The Law - Threats to inflict serious injury

What the Law states - Threats to inflict serious injury



Section 21 Crimes Act 1958 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 in Victoria



5 years imprisonment

What the Prosecution must prove - Threats to inflict serious injury - Vic


(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 - Threats to inflict serious injury


(a) Duress.

(b) Factual dispute.

(c) Lack of intent/recklessness.

(d) Mental impairment.


Which court will hear the charge of Threats to inflict serious injury



Magistrates' Court.
Appeal Threats to inflict serious injury Charge
Article published on 01/09/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne