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Threats

Other Criminal Offences – WA

Welcome to the WA Threats article page. Everything you need to know about Threats according to WA Law.

What the Law states according to WA Law for Threats

According to WA Law for the charge of Threats:

Section 338B: Any person who makes a threat to unlawfully –
(a) Kill, injure, endanger or harm any person (whether a particular person or not);
(b) Destroy, damage, endanger or harm any property (whether particular property or not);
(c) Take or exercise control of a building or structure or conveyance by use of force or violence;
(d) Cause a detriment of any kind to any person, whether a particular person or not, is guilty of a crime.

A threat can be through words or behaviour.

The Maximum Penalty – Threats

According to WA Law for the charge of Threats:

Where the threat is to kill, the maximum penalty is 7 years imprisonment. If the threat is made in circumstances of racial aggravation, the maximum penalty is 14 years. If the threat is to kill, the matter cannot be dealt with in the Magistrate’s Court.

In any other case, if the matter is heard in the District Court, the maximum penalty is 3 year imprisonment or 6 years imprisonment in circumstances of racial aggravation. If the matter is dealt with in Magistrate’s Court, the maximum penalty is 18 months imprisonment and a fine of $18,000.

What the Police must prove according to WA Law for Threats

(1) That (through either words or behaviour) a threat was made to do any of the above things;
(2) That the threat was unlawful; and
(3) That the threat was made to another person.

Possible Defences under WA Law – Threats

(a) Duress;
(b) Insanity;
(c) Identification (ie. the accused is not the person who made the threat); and
(d) Lawful authority to make the threat.

In WA which court will hear the matter – Threats

The matter can be held in the District Court or the Magistrate’s Court.

Threats are an ‘either-way’ offence. Therefore, the offence is most often dealt with in the Magistrate’s Court. However, if the threat is to kill or otherwise particularly serious or if the offender is also facing other charges which are dealt with in the District Court, then the Prosecution can make an application for the threat charge to be committed to the District Court.

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