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7.4.10.2 - Checklist: Threatening to Kill

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Three elements the prosecution must prove beyond reasonable doubt:

  1. The accused made a threat to kill; and
  2. The accused either:
    1. Intended the complainant to fear that the threat would be carried out; or
    2. Knew that the complainant would probably fear that the threat would be carried out; and
  3. The accused acted without lawful justification or excuse.

 

Making a Threat to Kill

1. Did the accused make a threat to kill?

1.1 Did the accused make a threat to the complainant?

If Yes, then go to 1.2

If No, then the accused is not guilty of Threatening to Kill

1.2 Was it a threat to kill [the complainant / another person]?

If Yes, then go to 1.3

If No, then the accused is not guilty of Threatening to Kill

1.3 Would a reasonable person who was informed about all of the circumstances have feared that the threat would be carried out?

 

Consider – The complainant does not need to have feared that the threat would be carried out; and

The accused does not need to have intended to carry out the threat.

If Yes, then go to 2.1

If No, then the accused is not guilty of Threatening to Kill

Accused’s State of Mind

2.1 Did the accused intend the complainant to fear that the threat to kill would be carried out?

Consider – The accused does not need to have intended to carry out the threat.

If Yes, then go to 3

If No, then go to 2.2

2.2 Was the accused aware that the complainant would probably fear that the threat to kill would be carried out?

Consider – What did the accused think the likely result of his/her actions would be?

If Yes, then go to 3

If No, then the accused is not guilty of Threatening to Kill

Lawful Justification or Excuse

3. Did the accused act without lawful justification or excuse?

If Yes, then the accused is guilty of Threatening to Kill
(as long as you have also answered Yes
to questions 1.1, 1.2, 1.3 and either 2.1 or 2.2)

If No, then the accused is not guilty of Threatening to Kill

 

Last updated: 14 August 2018

See Also

7.4.10 - Threats to Kill

7.4.10.1 - Charge: Threat to Kill