When violent threats are not really threats.

Criminal charges from violent threats

Threatening another person with violence can include:

• Threats to inflict serious injury; or
• Threats to kill.

However, it is not always the case that the threat can be proved by police beyond reasonable doubt.

Elements of the offence

1. The accused made a threat to the complainant to inflict serious injury/or kill upon either the complainant or another person;
2. The accused either:
   1. intended the complainant to fear that the threat would be carried out; or
   2. was reckless (in that they probably should have known) as to whether or not the complainant would fear that the threat would be carried out; and
3. The threat was made without lawful excuse.

The grey area - only serious threats matter

At first it may appear that these are difficult charges to defend as it is easy to be reckless in making a threat. If you think about environments where passions run hot such as football games, or even out socialising with friends and have had a few too many drinks.

However the circumstances and the nature of the relationship between the victim and accused person is important. If a relationship between two persons is dysfunctional and words such as "do that again and I'll kill you" becomes between the two people, then the threat is not a threat that would attract a criminal penalty.

Words in the context of the relationship matter which means that only serious threats can be successfully prosecuted.