Threats To Kill -2 Flashcards

1
Q

How Can a Threat be Made?

A
  • A threat can be made by words or conduct or both (R v Rich Vic CA 17/12/1997).
  • A threat can be made in writing and delivered or left with another person. The threat does not have to be received at the same time that it is made (R v Jones (1851) 5 Cox CC 226).
  • It is not necessary for the prosecution or the judge to identify the precise words or conduct that constituted the threat. Where the accused acted in a continuously threatening and abusive manner, the jury may consider whether his or her conduct as a whole amounted to a threat (R v Rich CA Vic 17/12/1997).
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2
Q

What are some lawful excuses for TTK

A
  • Self-defence and
  • prevention of crime
    • are common forms of justification in this area (R v Cousins [1982] 1 QB 526).
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