Threats to Kill

Application

Advice and guidance around when this offence could apply, and when it shouldn't apply.

Applies When

• A person directly threatens someone with murder after losing to them in cards.
• A person threatens to murder another persons partner.
• A person threatens to kill another person during a heated argument.

Doesn't Apply when

• A person comments in jest about killing another person after being the recipient of that persons practical joke.
• A person expresses their desire to kill their friend in hollow frustration, after their friend is late to an event.
• There is reasonable doubt that the threat was genuine. Use your best judgement.

Sentencing

Suggested sentences for those who have been convicted of this offence, and advice on the applicable conviction processes.

• Sentences: Where there are multiple suggested sentences, select the sentence that is most appropriate given the offences circumstances.
• Process: Where there are multiple options for the due process, consider the process that best matches the circumstances of the offence, i.e. for more serious circumstances, consider the higher option.

Suggested Sentences

• 30 Silver Penalty
• 3 Day Community Restitution Order
• 12 Lashes

Due Process

• Summary Offence: A trial in the Magistrates Court, or a supervisor review is required in order for the suspect to be lawfully convicted and sentenced.

Further Guidance

There is no further guidance for this offence.