People often ask our criminal lawyers the question, “Is threatening someone against the law in Australia?”
Yes, it is an offence to threaten someone. However, this largely depends on the legislation and the kinds of threats that a party makes. In NSW, Section 93Z of the Crimes Act 1900 states that it is a criminal offence to intentionally or recklessly threaten or encourage violence against another person or group through a public act, specifically when motivated by their:
- Race
- Religious belief or affiliation
- Sexual orientation
- Gender identity
- Intersex status
- HIV/AIDS status
In Australia, different states may have different legislation that is relevant when discussing “is threatening someone against the law in Australia.” For instance, if someone threatens to kill another person, this is a criminal offence. In this article, we will explore the question of “is threatening someone against the law in Australia” by looking at various types of threats.
How Does the Law Define Threats?
Threats can manifest in numerous forms, from explicit verbal intimidation to implicit gestures that suggest harm or danger. Under Australian law, these threats can lead to legal consequences, depending on the severity, intent, and impact on the victim.
Assault laws in Australia encompass both physical actions and the threat of physical harm. For instance, in New South Wales, an assault is defined as the intentional or reckless causing of another person to apprehend immediate and unlawful violence. This includes threats that make a person fear for their safety. Penalties for assault or threats of violence can range from fines to imprisonment, contingent on the gravity of the offence.
Similarly, harassment laws protect individuals from persistent and unwanted behaviour that may cause fear, intimidation, or distress. Acts that constitute harassment may involve threats, whether communicated verbally, through written messages, or conveyed through actions. These laws vary across states, but they commonly aim to prevent behaviour that creates a hostile or intimidating environment for the victim.
Stalking legislation in Australia addresses repeated behaviour that causes fear or apprehension in another person. This behaviour can include threats, following, monitoring, or intimidating actions that instil a sense of unease or danger in the victim. In such cases, it is found that the offender intended to cause fear.
Penalties for stalking offences also vary and can include fines or imprisonment, especially if the stalking behaviour involves threats of harm to the intended recipient.
Read: Harassment Laws Nsw: The Best Legal Solution for You | JB Solicitors
Is Threatening Someone Against the Law in Australia: Types of Threats
Parties may make different types of threats, and the punishment may differ depending on the nature of the threats. Let’s consider certain kinds of threats below.
- Threat to harm or to inflict bodily harm
- Threat to kill
- Threat to property (It is an offence to threaten to destroy or damage property. This carries a maximum penalty of 7 years imprisonment under Section 199 of the Crimes Act.)
- Making threats via documents or sending documents threatening to harm
- Stalking or intimidation
- Making threats via a carriage service (phones, mail, or online messages)
- Blackmail
In a court proceeding, the prosecution must prove that a threat was made unlawfully to secure a conviction for making a threat.
Is Threatening Someone Against the Law in Australia: Legislation
In this section, we will look at the legislation in the Australian Capital Territory (ACT), Queensland (QLD) and New South Wales (NSW). Section 359 of the Criminal Code 1889 (QLD).
A person commits criminal offences if they threaten to cause a detriment to a second person with the intent to:
- Prevent or hinder any person, other than the first person, from doing any act which the other person is lawfully entitled to do, or
- With intent to compel the other person to do any act which the other person is lawfully entitled to abstain from doing, or
- With the intent to cause public alarm or anxiety
This offence carries a maximum penalty of 5 years’ imprisonment.
Moreover, it states that the offender can be liable to a maximum penalty of 10 years’ imprisonment. This applies if they make a threat to a law enforcement officer, or a person helping a law enforcement officer, because of or when the officer is investigating the activities of a criminal organisation.
Now, is threatening someone against the law in Australia’s ACT? Yes. Section 30 under the Crimes Act 1900 states that a person is guilty of a punishable offence if:
- A person makes a threat to another person to kill that person or someone else;
- Intending the other persons to fear that they would carry out the threat, or
- Being reckless, whether or not the other person would fear that they would carry out the threat, and
- They make the threat;
- Without lawful excuse, and
- In circumstances in which a reasonable person would fear that they would carry out the threat
If the court convicts them of this offence, the court may sentence them to imprisonment for:
- 13 years – in the case of aggravated offences against this section
- 10 years – in any other case
NSW Legislation
In NSW, the Crimes (Domestic and Personal Violence) Act 2007 outlines the offence of stalking and intimidation with intent to cause fear and harm.
It states that a person who stalks or intimidates another person intending to cause the other person to fear physical or mental harm is guilty of an offence. The maximum penalty is imprisonment for 5 years or 50 penalty units, or both.
This section also states that a person can fear mental or physical harm from their partner with whom they have a domestic relationship.
In Australia, the law addresses threats through various legal avenues, encompassing legislation related to assault, harassment, stalking, and intimidation. The nature of these laws differs across states and territories. However, what matters is not the differing laws of every Australian state. What matters is that these laws safeguard individuals from harm, fear, or intimidation induced by threats.
How Can We Help Fight Your Harassers or Stalkers?
It is never okay to harass or threaten someone. Fear. Loneliness. Hopelessness. These are just a few effects on the people who experienced threats and harassment. We at JB Solicitors would like to console victims. It is not your fault, and your well-being is paramount. You have rights, document your harassers and stalkers, and seek support and prioritise your safety.
The legal consequences for making threats in Australia can be severe, and penalties depend on the specific circumstances of the case, including the nature of the threat, the intent behind it, and its impact on the victim. Penalties may include fines, restraining orders, community service, or imprisonment, depending on the severity of the offence and the relevant state or territory laws.
So, it’s important to seek legal help, especially if the harassment and threats you receive are concerning. Our lawyers specialise in the laws of the specific Australian jurisdiction where the incident occurred and can provide guidance on your rights and the legal options available, such as an AVO. Whether you are dealing with threats of sexual assault, common assault or damage to property, seek advice today.
Don’t wait for them to have another chance to stalk and harass you. Contact our team for more information.
