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Threats to Kill
Being accused of making a threat to kill is a serious matter under Victorian law. Whether the alleged threat was verbal, written, or made over text or social media, the consequences can be significant. At Emma Turnbull Lawyers, we provide expert legal advice and strong representation to help you navigate the charge.
Elements of the Offence
To prove a charge of threats to kill under section 20 of the Crimes Act 1958 (Vic), the prosecution must establish that:
- The accused made a threat to the alleged victim to kill either the alleged victim or another person;
- The accused either intended the alleged victim to fear that the threat would be carried out or 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 justification or defence.
It’s important to understand that the prosecution doesn’t need to prove you intended to follow through with the threat, only that the person you directed it at was likely to believe you would.
Will I Have to Go to Court?
Most threats to kill charges are heard in the Magistrates’ Court of Victoria. However, more serious or complex matters, especially where the alleged threat is linked to other offences, may be escalated to the County Court.
Legal representation is crucial from the outset. The context of the alleged threat, your intent, and how it was communicated (e.g. phone, text, or in person) all play a major role in how the charge is handled.
Maximum Penalty
The maximum penalty for a threat to kill charge in Victoria is 10 years’ imprisonment (Level 5 imprisonment). While this is the upper limit, the actual outcome depends heavily on the facts of the case and your legal defence.
What Sentences Are Usually Given?
Sentencing outcomes for threats to kill vary depending on the circumstances, including whether it’s a first offence and the presence of any aggravating factors.
Data from 2011 to 2016 shows that:
- 61% of people sentenced for threats to kill received a term of imprisonment;
- The maximum sentence recorded was 4.25 years.
- The median sentence was 1 year.
- Other outcomes included Community Correction Orders and community-based orders.
While jail is a common outcome, the numbers show that alternative sentencing might be available based on your situation.
What Do I Do Now?
If you’ve been accused of making a threat to kill, early legal advice can make a significant difference. At Emma Turnbull Lawyers, we:
- Review your case and the evidence against you;
- Explain the possible defences and sentencing outcomes
- Engage with prosecutors where appropriate to reduce or withdraw charges;
- Represent you at every court appearance.
Don’t face this alone. Speak to a criminal law expert who understands how to defend against a threat to kill charge in Victoria.
Contact our office today to speak to an accredited criminal law specialist on (03) 9077 4834 or at admin@emmaturnbull.com.au
FAQs
What is the offence of 'threats to kill' in Victoria?
It involves making a threat to end someone’s life, either directly or indirectly, in a way that causes them to reasonably believe the threat would be carried out.
Can I be charged if I didn’t mean it seriously?
Yes. The prosecution must show that you intended, or were reckless to the risk, that the other person would believe the threat was real even if you had no intention of carrying it out. The law focuses on how the threat was perceived, not just your intent; even if the statement was made in anger or frustration, it can still lead to charges.
What if I made the threat via text or on social media?
Threats made electronically can still result in charges. The medium doesn’t reduce the seriousness of the offence if the recipient believed the threat was genuine.
What is the maximum penalty for threats to kill?
The offence carries a maximum penalty of 10 years’ imprisonment. Sentences depend on the specific facts of the case and any prior criminal history. This is a serious indictable offence and, depending on the circumstances, the matter may be heard in either the Magistrates’ Court or a higher court such as the County Court.
Will I get a criminal record?
If you are found guilty or plead guilty, yes, a conviction is likely. Early legal advice may help reduce the severity of the outcome or avoid a conviction in certain circumstances.
What defences are available?
Possible defences include lack of intent, misunderstanding, mistaken identity, or that the threat wasn’t serious or didn’t cause reasonable fear. Each case is unique, and your lawyer may also explore factors like intoxication, mental health, or whether the communication (such as a text or social media post) was misinterpreted or taken out of context.
What should I do if I’ve been charged?
Early legal advice is key. In some cases, your lawyer may be able to negotiate to have the charge withdrawn or reduced before it reaches court.
