Welcome to the VIC Threats to kill article page. Everything you need to know about Threats to kill according to VIC law - Dated: 09/01/2009
According to VIC Law for the charge of Threats to kill, The maximum penalty for a charge of Threats to kill is 10 years imprisonment.
The charge of Threats to kill is defined in section 3 of the Sentencing Act 1991 as a serious offence. Offenders who commit a serious offence on or after 1 May 2011 will no longer be eligible for a suspended sentence in any of the Courts.
(a) The accused, without lawful excuse, made a threat to another person to kill that person or some other person.
(b) The accused either intended that that other person would fear that the threat would be carried out or was reckless as to whether that person would so fear.
(a) Duress.
(b) Factual dispute.
(c) Lack of intent/recklessness.
(d) Mental impairment.
The charge of Threats to kill is heard in the Magistrates' Court.