Threats To Inflict Serious Injury

Question 1

Outline s21 CA

Answer 1

Threats to Inflict Serious Injury

The offence has the following three elements that the prosecution must prove beyond reasonable doubt:

a) The accused made a threat to the complainant to inflict serious injury upon either the complainant or another person;
b) The accused either:
i) intended** the complainant to **fear that the threat would be carried out; or
ii) was reckless as to whether or not the complainant would fear that the threat would be carried out; and
c) The threat was made without** **lawful excuse.

Question 2

In order for the offence of TTISI to be satisfied

who must the threat be made to

Answer 2

Threat must be to inflict serious injury upon either the complainant or another person

Question 3

Does the TTISI by the accused have to be done personally

Answer 3

It is not necessary that the accused threaten to personally injure the complainant or other person. The threat may be to have someone else carry out the assault (Barbaro v Quilty [1999] ACTSC 119).

Question 4

Does the TTISI have to be done immediately

Answer 4

A threat can be conditional on the occurrence of a future event. It is not necessary that the accused have the immediate capacity or intention to carry out the threat (R v Leece (1995) 125 ACTR 1; Barbaro v Quilty [1999] ACTSC 119).