Seriousness of Threats to Inflict Serious Injury – Which Melbourne Court hears this charge?
Anyone found guilty of Threats to Inflict Serious Injury may be required to serve a 5-year prison term as maximum penalty. Maximum penalties are usually imposed only for the worst examples of a particular criminal offence. The Courts normally give a lower penalty for criminal behaviours that are not deemed as severe. Threats to Inflict Serious Injury is considered a serious offence that may carry a prison term once guilt is successfully established by the Prosecution. It is an indictable offence generally heard before a Magistrate in the Magistrates’ Court.
The legislation on Threats to Inflict Serious Injury
Section 21 of the Crimes Act 1958 is the exact legislation for the charge of Threats to Inflict Serious Injury:
Threats to Inflict Serious Injury
A person who, without lawful excuse, makes to another person a threat to inflict serious injury on 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 6 imprisonment (5 years maximum).
Pleading guilty or not guilty to Threats to Inflict Serious Injury in a Melbourne Court
The matter of whether you should plead guilty or not to a charge of Threats to Inflict Serious Injury must be seriously discussed with a criminal defence solicitor. Legal issues arising from this charge could have severe consequences that you can better address with the help of a criminal lawyer.
Elements of the charge of a Threats to Inflict Serious Injury case in a Melbourne Court
For guilt to be proven in Court, the Prosecution must show that the defendant made a threat to another person to inflict serious injury to that person or to some other person. The defendant must have intended for the person to fear that the threat would be carried out, or the defendant might have been reckless as to whether that person would so fear.
Defending the charge of Threats to Inflict Serious Injury in a Melbourne Court
A defence to the charge of Threats to Inflict Serious Injury may involve a factual dispute. Were the words used the exact statements that were reported? Did the defendant have the required intent? Was the defendant reckless in committing the alleged threat? Lawyers also use other criminal defences such as wrong identification of the accused s depending on the circumstances.
For more information on Threats to Inflict Serious Injury, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).
Doogue & O’Brien Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on Aug. 8, 2012 and relates to the law that it stands at this time.