What the Prosecution Needs to Prove

For a conviction under Section 19, the prosecution must prove beyond a reasonable doubt that:

1. The accused made a threat – This can be verbal, written (e.g., text messages, emails, letters), or through actions (e.g., gestures with a weapon).
2. The threat was unlawful – There was no lawful justification for the threat.
3. The threat was to kill, endanger life, or cause harm – The type of threat determines the severity of the penalty.
4. The accused intended to cause fear – The accused must have either:
   • Intended for the victim to fear that the threat would be carried out, OR
   • Been recklessly indifferent as to whether the victim would be afraid

A recklessly indifferent person does not care whether theirthreat makes the victim fear for their safety.

The Relevant Court

• Summary offences (less serious threats) are heard in the Magistrates Court of South Australia.
• Indictable offences (serious threats, especially those involving threats to kill or weapons) are heard in the District Court or Supreme Court of South Australia.

What Defences Are Available?

A person charged with unlawful threats may have the following defences:

1. No Genuine Threat – If the words were clearly a joke or not intended to be taken seriously, it may not be an offence.
2. Lack of Intent – If the accused did not intend to cause fear or was not recklessly indifferent, they may have a defence.
3. False Allegation – The accused may argue that they never made the alleged threator that the claim was fabricated.
4. Self-Defence or Duress – If the threat was made in response to an immediate danger or coercion, this may be a defence.
5. Freedom of Speech Considerations – In some cases, statements made in political or public discourse may be considered lawful expressions of opinion.

What Are the Specific Maximum Penalties for the Offence?

The severity of the penalty depends on the type of threat:

1. Threats to kill or endanger life
   
   • Basic Offence: Maximum 10 years imprisonment
   • Aggravated offence: Maximum 12 years imprisonment
2. Threats to cause harm
   
   • Basic offence: Maximum 5 years imprisonment
   • Aggravated offence: Macimum 7years imprisonment
   • If Aggravated by threats to commit arson: Maximum 15 years imprisonment

What Makes an Offence "Aggravated"?

A threat is considered aggravated if:

• It is made against a police officer, emergency worker, or other public official.
• It involves domestic violence.
• It is made as part of a criminal organisation.
• It involves an act of retribution against a law enforcement officer.