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Threats to kill

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Josh Taaffe
Criminal Defence Lawyer


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Assaults / Violence Offences - VIC
The Law - Threats to kill

What the Law states - Threats to kill



Section 20. Crimes Act 1958 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 in Victoria


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 Prosecution must prove - Threats to kill - Vic


(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 - Threats to kill


(a) Duress.

(b) Factual dispute.

(c) Lack of intent/recklessness.

(d) Mental impairment.


Which court will hear the charge of Threats to kill


The charge of Threats to kill is heard in the Magistrates' Court.
Appeal Threats to kill Charge
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
Criminal Lawyers Melbourne