Have you been charged with Threats to Kill?
If so, you should consult a specialist criminal lawyer. This serious charge can result in 10 years in prison, so you need to carefully consider whether you are going to plead guilty or not guilty.
Did you threaten to kill someone? Did you consider the person might believe you and be frightened? Was that your intention? Was there any reasonable excuse for your actions?
The answers to these questions need to be discussed in detail with an experienced criminal lawyer before you advise a Court how you intend to plead. See below for further information on Threats to Kill.
The offence
Section 20 of the Crimes Act 1958.
The prosecution must prove:
The defendant made a threat to the alleged victim to kill either the alleged victim or another person;
The defendant either:
(a) intended the alleged victim to fear that the threat would be carried out; or
(b) was reckless as to whether or not the alleged victim would fear that the threat would be carried out; and
the threat was made without lawful excuse.
The maximum penalty for threats to kill
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
Threats to Kill cases depending on the level of seriousness will be usually be heard in the Magistrates Court or County Court.
Questions to consider if you are charged with threats to kill
Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
As the circumstances and delivery of a threat can take different forms, you should consult a lawyer before proceeding further.
What to do next if you have been charged with threats to kill?
See an experienced criminal lawyer urgently. Ensure you are adequately prepared, as preparation in relation to any matter is vital. Don’t leave it to the last minute.
If you have been charged with Threats to Kill, contact us today.
The legislation
Section 20 Threats to kill
A person who, without lawful excuse, makes to another person a threat to kill that other person or any other person—
(a) intending that that other person would fear the threat would be carried out; or
(b) being reckless as to whether or not that other person would fear the threat would be carried out—
is guilty of an indictable offence.
Penalty: Level 5 imprisonment (10 years maximum).
