Threatening to kill someone is an offence in Australia. If you threaten to kill another person with the express intention that that person would fear that the threat would be carried out, or being reckless as to whether or not that person would fear the threat would be carried out, you are guilty of an indictable offence. This could be in your actions or words.

Your case will be heard in the Magistrates Court of Victoria if that is the only charge.

     Actions that could be construed as a threat to kill

• Overt acts that cause another person to fear the threat
• Explicit expression of a threat – texting, calling, social media, letters, or other methods to convey the threat to kill any person

     What must be proved beyond reasonable doubt by police and the prosecution:

1. A threat was made by the offender to another person
2. The threat was to kill that person or another person
3. The offender made the threat without a lawful excuse (for example, if the offender is a police officer in a hostage situation)
4. The offender intended the other person to fear that the threat would be carried out or that the offender was reckless as to whether the threat could cause the victim to feel such fear

     Defence of threat to kill charges
The threat to kill must be proven to have come from the accused if done via a carriage service – social media, emails, texts, etc. Ownership of the communications must be proved beyond reasonable doubt. This means denial of being the owner or solo user of a device is a defence in some cases.

The accused may also have been acting in self-defence against the provocation of the alleged victim. Additionally, lack of intent to cause fear is also a possible defence.

Call Vanessa Ash for expert advice on threat to kill charges.