Threats to Inflict Serious Injury

Question 1

Outline the elements of the offence

s21 Threats to inflict serious injury

CRIMES ACT 1958

Answer 1

s21 Threats to inflict serious injury

CRIMES ACT 1958

1. Acc made a threat to inflict serious injury; and
2. Acc either:
   a) intended COMP to fear that the threat would be carried out; or
   b) knew COMP would probably fear that it would be carried out; and
3. Acc had no lawful justification or excuse for making that threat.

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 carried out 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).