Threats to Kill Flashcards
1
Q
What are the elements of
s20 Threats to kill
CRIMES ACT 1958
A
s20 Threats to kill
CRIMES ACT 1958
- Acc made a threat to kill; and
- Acc either:
a) intended COMP to fear that the threat would be carried out; or
b) knew that COMP would probably fear that it would be carried out; and - Acc had no lawful justification or excuse for making that threat.
2
Q
What are the requirements for the first element of the offence TTK to be carried out
A
The accused must have declared his or her intention to kill either the complainant or another person;
3
Q
Does the complainant have to be the person who the TTK was made
in order for the accused to be charged
A
s/he need not be the person threatened. The accused may have threatened to kill another person (Crimes Act 1958 s20).
