Previous Topic

Next Topic

Book Contents

Book Index

7.4.11.2 - Checklist: Threatening Serious Injury

Click here to obtain a Word version of this document for adaptation.

This checklist is for conduct occurring on or after 1 July 2013. It must be adapted for conduct before that date.

Three elements the prosecution must prove beyond reasonable doubt:

  1. The accused made a threat to inflict serious injury; 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 Inflict Serious Injury

1. Did the accused make a threat to inflict serious injury?

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 Serious Injury

1.2 Was it a threat to inflict serious injury upon [the complainant / another person]?

 

Consider – A serious injury is an injury which endangers life or is substantial and protracted

If Yes, then go to 1.3

If No, then the accused is not guilty of Threatening Serious Injury

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

Consider - 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 Serious Injury

Accused’s State of Mind

2.1 Did the accused intend the complainant to fear that the threat to inflict serious injury 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 inflict serious injury 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 Serious Injury

Lawful Justification or Excuse

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

If Yes, then the accused is guilty of Threatening Serious Injury
(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 Serious Injury

 

Last updated: 30 November 2015

See Also

7.4.11 - Threats to Inflict Serious Injury

7.4.11.1 - Charge: Threat to Inflict Serious Injury