Have you been charged with threats offences?
We can help you.
Please contact us for advice if you, or a family member, has been charged with threatening behaviour. Threats can range from threats to hurt someone to threats to kill. There are also threats to damage property and many other types of threats.
Please read this article below which explains the penalties you might get for a threat charge.
It also explain how you might defend the charges against you. There are often similar questions that arise in all threat matters;
Did you make the threats?
Did you expect them to be believed?
What was the context they occurred in?
Some of the common threats offences in WA are:
- Threatening violence
- Threats (other than threat to kill which is indictable only)
- Threats n “circs of racial aggravation”
- Threatening witnesses before Royal Commission
- Threat to kill In circumstances of racial aggravation
Making a threat to kill is a serious offence and it is becoming more and more common for people to be charged with this offence in Western Australia. Threats can be online, orally or in writing.
The Offence Of Making A Threat To Kill
The offence of making a threat to kill is found in Section 338B(1) of the Criminal Code ( WA). The offence of making a threat to kill attracts a maximum penalty of imprisonment of seven years. If the offence is committed in circumstances of aggravation, the Court can impose a maximum term of imprisonment for a period of 10 years. Where a threat to kill is racially motivated, the offender can be sentenced to up to 14 years imprisonment.
To find a person guilty of threatening to kill, the prosecution must prove beyond a reasonable doubt that:
- A threat to kill was made;
- That it was made to a person;
- The threat was unlawful;
- The intention was to make the victim fearful; and
- The victim believed the threat that was made.
Actions which may amount to a threat to kill can include:
- Leaving a threatening note in someone’s home;
- Telling the threat to a third party;
- Sending a threatening letter;
- Sending a threatening text message; or
- Writing the threat on a person’s Facebook page.
Express Or Implied
A person may be found guilty of a threat to kill whether the threat was made expressly or by implication. The test for whether something amounts to a threat to kill is an objective test.
Jurisdiction
Although this offence is usually dealt with in the District Court, it is also able to be dealt within the jurisdiction of the Magistrates Court (summarily). The legislation sets out that if the offence is dealt with summarily the maximum penalties which can be imposed are imprisonment for a period of up to 3 years and $36,000 fine.
Legislation
Section 397 makes it an offence to demand property with threats to extort or gain. A person will be guilty of the crime if they blackmail someone by demanding, in writing or orally, that something is procured or something be done or not done, under threat of injury or detriment of any kind if the demand is not complied with.
“Writing” includes any recording made on a device by which words or sounds are recorded and capable of being reproduced, such as a mobile phone.
The maximum penalty is imprisonment for 14 years.
Section 398 makes it an offence to use threats with an intent to extort. A person will be guilty of the crime if they accuse, or threaten, or offer to threaten to accuse, someone of committing an indictable offence.
The maximum penalty is imprisonment for 14 years. The penalty increases to 20 years if the accusation or threat of accusation is of:
- an offence that carries a penalty of life imprisonment;
- sexual offences or certain offences against morality such indecent acts;
- an indecent assault;
- a solicitation or threat offered to someone to induce them to commit or allow any of the above offences.
“Threat” is defined as a statement or behaviour that expressly constitutes, or could reasonably be regarded as constituting a threat to:
- kill, injure, endanger or harm a person, whether a particular person or not;
- destroy, damage, endanger or harm any property, whether particular property or not;
- take or exercise control of a building, structure or conveyance by force or violence;
- cause a detriment of any kind to a person, whether a particular person or not;
- distribute an intimate image of any person.
Police Interview
If you are being interviewed for threats offences, it is vital that you contact an experienced criminal lawyer for advice before you speak with the police. If you are being interviewed, then the police are likely to charge you regardless of any explanation you give them. The decision you make about how to conduct yourself in the interview is important.
We can help find out information about the allegation for you, such as:
will I be remanded?
what type of evidence do they have against me?
We will help you answer questions such as should I give a no comment interview, or should I respond to their questions? A police interview can be an intimidating event, particularly when facing a threats charge. We can give you expert advice and be with you at the interview.
Pleading Not Guilty
If pleading not guilty, you will need a lawyer who is an experienced criminal lawyer. Your lawyer should make the prosecution provide all disclosure items, and issue subpoenas for any other material which may be relevant to your defence. A threats offence case needs to be strongly defended by scrutinizing the police evidence.
We will engage in careful and methodical preparation so that you have the best opportunity to successfully defend the charge.
Pleading Guilty
If you are pleading guilty to a threats offence, it will require very careful and full preparation. Your lawyer will need to take a complete life history so that your lawyer can understand how your life experiences may have contributed to the offending.
We will advise you on what material will need to be obtained to tender to the Court and will assist you in gathering reports and reference material so the sentencing Judge has a complete understanding of you.
