Legal Representation for Threats to Kill and Assault Offences in Melbourne
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Understanding ‘Threats to Kill’:
Threatening to kill is classified as a serious indictable offense in Victoria, as stipulated under Section 20 of the Crimes Act 1958 (“CA”). This offense is defined as a situation where an individual threatens another person with death, intending for the victim to fear the threat will be executed, without any lawful justification for making such a threat.
Threats can manifest through verbal communication, either in person or through various forms of conduct, such as sending emails, texts, or making phone calls.
Examples of Threatening to Kill:
Threatening to kill encompasses a wide array of actions and behaviours. Common scenarios include:
- A motorist accidentally collides with a motorcyclist, who then verbally threatens the motorist with death after following them and stopping.
- Sending an email to a coworker stating an intention to kill a manager.
- Leaving threatening voicemail messages for a new partner upon discovering an affair, detailing when and how the killing will occur.
- Texting an acquaintance with a threat to kill.
- Writing to an ex-partner threatening to kill them if custody of a child is not granted.
- Threatening to hire a hitman to kill someone’s sister.
Note: Establishing intention in these cases can be challenging. Various circumstances, including the relationship between the defendant and the victim, are taken into account. However, when the police possess evidence such as threatening messages, disproving the defendant’s intent becomes significantly more difficult.
Related Offences Involving Threats:
Other offenses related to making threats include:
- Blackmail
- Bomb hoaxes
- Threatening to contaminate goods
- Contaminating goods that cause public alarm or economic loss
- Dangerous goods on an aircraft
- Threats to aircraft safety
- Endangering the safe operation of an aircraft
- Entering a level crossing when a train or tram is approaching
- Threatening to destroy or damage property
- Extortion with threats to destroy property
- Extortion with threats to kill
- Use of obscene, indecent, or threatening language in public
- Harassment of witnesses
- Threats to sabotage
- Setting traps to kill
- Threats to inflict serious injury
- Threats of injury to prevent arrest
For more information on any of these specific charges, please see our other website publications.
The Police Interview Process:
If accused of making threats to kill, you may be requested to attend a formal police interview, which is recorded for evidentiary purposes. By this stage, police have likely gathered various forms of evidence against you, including witness and victim statements, which they may not disclose prior to the interview. Before attending, you have the opportunity to consult with a lawyer for legal advice and support.
Our legal team can provide you with specialised, confidential advice regarding your rights and options before the police interview. We will help you understand whether to make a statement, what to expect during the interview, and your obligations during this process. This guidance covers whether to answer all questions, provide DNA samples, or submit your mobile phone. Importantly, we can accompany you to the interview to alleviate any stress or anxiety.
Police are skilled in interrogation techniques designed to elicit admissions that may work against you in court.
Considerations Before Pleading Guilty or Not Guilty:
To assess your chances of successfully defending a threat to kill charge, consider the following crucial factors:
- Has the prosecution provided clear particulars of the charges against me?
- Does the prosecution possess a strong case?
- Should I plead guilty or not guilty, and should I contest the charge in a hearing or trial?
- Did I genuinely threaten to kill someone?
- Was I aware that the threat could incite fear in the victim?
- What occurred at the time of the offense, and when was I charged?
- What strategies can be employed to minimise potential penalties?
- Do I have a legitimate justification for my actions (such as mental impairment)?
- Should we seek access to pertinent materials from the prosecution?
Our experienced lawyers are here to help you navigate these questions and prepare a compelling case.
What does the prosecution have to prove?
To determine whether you have been charged with making threats to kill, it is essential to consider the legal definitions and criteria involved. The prosecution must establish each element of the offense beyond a reasonable doubt, including:
1.The Threat:
You made a threat to kill a person or another individual.
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- This can be expressed through written or verbal communication and/or actions (as per R v Rich Vic CA 17/12/1997; R v Jones (1851) 5 Cox CC 226).
- Threats can also involve arrangements for a third party to carry out the killing (as in Barbaro v Quilty (1999) ACTC 119).
2. Intent:
You intended for the victim to fear that the threat would be executed.
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- Your state of mind at the time of the alleged offense is critical.
- The threat must be a significant cause of the victim’s fear (as outlined in R v Alexander [2007] VSCA 178; Barbaro v Quilty [1999] ACTSC 119).
3. Recklessness:
You were reckless about whether the victim would fear the threat.
- Awareness of the potential to incite fear is essential (see R v Crabbe (1985) 165 CLR 464; R v Sofa Vic CA 15/10/1990).
- Simply acknowledging a possibility does not fulfill this requirement.
4. Lack of Justification:
You made the threat without lawful justification.
- Possible defences could include self-defence or prevention of crime (refer to R v Cousins [1982] 1 QB 526).
If the prosecution cannot convincingly establish all elements of the offense, you cannot be found guilty.
Court Proceedings:
Threats to kill are categorised as serious indictable offenses (under Section 3 of the Sentencing Act 1991). While they are typically addressed in the lower courts (Magistrates Court of Victoria), more severe cases may be escalated to higher courts (County and Supreme Courts) based on the specifics of the offense.
Factors and Defences to consider:
If you intend to plead not guilty to a charge of making threats to kill, the defences available to you will depend on the individual circumstances surrounding the alleged offense. Each case is unique and necessitates a tailored legal strategy. Possible defences include:
- Lack of Intent: You did not mean to cause fear or imply a genuine threat.
- Mental Impairment: Demonstrating that a mental health condition influenced your actions.
- Self-Défense: Arguing that your actions were in response to a perceived threat.
At MK Law, we understand the complexities involved in defending against threats to kill charges. Our team is ready to work diligently to construct a robust defence on your behalf.
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If you what happens next?
Find yourself facing charges for making a threat to kill, securing experienced legal representation is vital.
At MK Law, our dedicated team of criminal defence lawyers, with offices in Melbourne, New South Wales, South Australia, and Western Australia, has extensive experience in defending clients accused of threats to kill. We have successfully represented thousands of individuals in jury trials and various criminal cases. We take all allegations seriously, and during our confidential consultations, we attentively consider our clients’ unique circumstances. We evaluate all relevant factors to guide you toward the most suitable legal strategy, whether that involves pleading not guilty, negotiating a lesser charge, or acknowledging elements of the crime to mitigate potential penalties.
Our legal team is adept at formulating robust plea and defence strategies in Victorian Courts. If you have been wrongfully accused, we are committed to investigating the matter thoroughly. This includes obtaining disclosure materials, collecting witness statements, seeking overlooked evidence, and challenging the prosecution’s case by scrutinising their investigative methods (such as whether they have adequately interviewed key witnesses or gathered vital CCTV footage). We present your personal history and the circumstances surrounding the alleged offense clearly to the court. Our approach may involve arranging and submitting supporting evidence, including defence witness statements, character references, and expert reports (like psychological assessments).
Our commitment is to navigate the complex legal landscape effectively, advocating for your interests. Our goal is to defend you vigorously and persuade the court to impose the fairest and most lenient penalty possible, which may include avoiding imprisonment, securing a dismissal or withdrawal of charges, or potentially obtaining a costs order against the prosecution, requiring them to cover your legal expenses.
Our lawyers consistently engage in professional development to remain abreast of the latest legal developments in this area.
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