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).
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).