Threats to Kill Flashcards
Q: What is the offence of threats to kill?
S16 OAPA 1861
A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence.
Q: What type of offence is threats to kill?
Triable either way offence
10 years’ imprisonment on indictment
Q: What does the threat must be made ‘without lawful excuse’ mean?
The proviso that the threat must be made ‘without lawful excuse’ means that a person acting in self-defence or in the course of his/her duty in protecting life (e.g. an armed police officer) would not commit this offence (provided that his/her behaviour was ‘lawful’).
Q: How can a threat be communicated? Cases?
Threats may be made in any format.
Martin 1993- the offender sent two anonymous notes stained with blood to the victim
Patel 2012- offender threatened his former partner that he would kill their young son and then sent a text message to her that he had done so
Q: What must the MR of D be? Does V have to believe it?
The person who makes the threat must intend that the person who receives or hears it believes that it will be carried out. It doesn’t matter whether the threatener intends to carry out the threat.
Doesn’t matter that the recipient doesn’t believe it or take it seriously.
Q: Can the threat be implied?
Yes- threat can be implied (Solanke 1970)
Q: What if the threat is made to a third party?
It can be made to a third person eg; A threatens B that he will kill C. If A intends B to believe it then the offence is complete.
Someone who innocently passes on a threat to a third party (eg: postman who delivers a letter which contains a threat to kill) will not commit an offence. He won’t have the necessary intention.
If he knows of the threat (eg: gang member who passes on a threat for a fellow member) he will commit the offence if he intends the recipient of the message to believe that the threat is real.
Q: Does a threat to kill in the future count?
The threat may be to kill another person at some time in the future or it may be an immediate threat, but the threatened action must be directly linked with the defendant.
Q: What if the threat is to an unborn child?
A threat to a pregnant woman in respect of her unborn child is not sufficient if the threat is to kill it before its birth (the unborn child is not a ‘person’). But if it is a threat to kill the child after its birth, this would appear to be an offence (Tati 1990)
