Threatening to inflict serious injury is the sort of charge regularly heard in the Magistrates Court.
This charge is generally laid in situations wherein people get overly angry about something and a person eventually threatens out someone else. The Prosecution must show that there was an intent from the defendant for the victim to fear that the threat would be carried out, or that the defendant was reckless as to whether or not that other person would fear that the threat would be carried out.
It can be hard to defend this charge if an admission is made that the threatening words were indeed said. This is because it is hard to contradict a person who says “yes I believed it” or to get past the supposition that someone would feel threatened.
Defences to this charge are normally factual as to what words were exactly said. There are also defences around what intent the words were said with and in what circumstances were they said.
Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
This is legislation that comes from section 21 of the Crimes Act 1958.
Further information on Threats to Inflict Serious Injury
In a case of Threats to Inflict Serious Injury, the following defences may be applicable to the charge:
- Factual and Identification Dispute
- Lack of Intent
- Mental Impairment
What penalties can be imposed for a charge of Threats to Inflict Serious Injury?
- Deferral of Sentencing
- Without Conviction Order
- Adjournment of the Charges on Undertaking (Good Behaviour Bond)
- Community Corrections Order
- Suspended Prison Sentence
- Term of Imprisonment
What is the legislation for the charge of Threats to Inflict Serious Injury?
The legislation for this offence can be found on section 21 of Crimes Act 1958.
Threats to Inflict Serious Injury – Case Studies
- Adjourned Undertaking for Attempted Robbery and Threats to Inflict Serious Injury
- Unlawful Assault and Threat to Kill – Accused with Mental Illness
- Bail Application – Family Violence and Offences Against Police
- Family Violence – Protracted Period of Offending
- Road Rage Incident – Good Behaviour Bond Without Conviction
Media articles related to the charge of Threats to Inflict Serious Injury:
Links to further information about the charge of Threats to Inflict Serious Injury:
You may also visit this page to view sentencing decisions by Victorian County Courts for the offence of Threats to Inflict Serious Injury.
Need further legal advice on this charge?
Contact one of our barristers specialising in cases of Threats to Inflict Serious Injury, Andrew George.