Threats To Kill - 1

Question 1

Outline s20 CA

Answer 1

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.

Penalty: Level 5 imprisonment (10 years maximum).

Question 2

What are the three elements that the prosecutions must prove

BRD re: s20

Answer 2

a) The accused made a threat to the complainant to kill 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 3

Does the complainant have to be the person who the TTK was made

in order for the accused to be charged

Answer 3

s/he need not be the person threatened. The accused may have threatened to kill another person (Crimes Act 1958 s20).