It can come as a stun to discover that words you convey face to face, by means of text or online can establish an indictable offense deserving of a most extreme punishment of 10 years in jail. This charge is regularly laid when somebody utilizes words that could be viewed as a threat to kill, such as:
- messaging or calling a partner revealing to them you’ll kill them,
- telling somebody that you’ll get a contract killer to murder their mom,
- emailing a co-worker that you intend to kill your boss,
- composing a letter to your neighbor expressing that except if they flip the music down, they will be killed, or
- other conducts or the words that communicate a threat to kill by means of some other strategy for correspondence.
While these situations might be facing from the start, as a general rule, the speaker doesn’t plan to do the danger. The genuine test to make out this charge is whether the speaker either proposed to place the complainant in dread that the threat will be carried out or was careless regarding whether their words and activities make dread in the psyche of the complainant. It can get hard to invalidate one of these aims when the police have a copy of the message sent.
Making a threat to kill is a crime under section 20 of the Crimes Act 1958 (VIC). The Act expresses that an individual commits an offense if:
- The accused made a threat to the complainant to kill either the complainant or someone else,
- The accused either:
- made the complainant to mean that the threat would be done; or
- was reckless regarding whether the complainant would expect that the threat would be done; and
- The threat was made without legitimate excuse.
The section 3 of the Sentencing Act 1991 lays down it as a severe crime triable in County Court and heard summarily by the Court of Magistrates. Regardless, we suggest getting legal representation quickly to ensure you get the best outcomes.