What is a threat?

A threat is any communication indicating an intention to do harm. It can be communicated directly or indirectly either by words (whether written or spoken) or by conduct, or a combination of both [Criminal Law Consolidation Act 1935 (SA) s 19(3)]. For example, driving a motor vehicle at high speed on the wrong side of the road and stopping just short of another car can constitute a threat [see South Australian Police v Bednarz (SASC, 17 February 1995, Jud No S4959, unreported)].

In determining whether words or actions constitute a threat, there is a difference between an intention to cause harm, and someone who is merely 'sounding off' who does not intend to create any fear. For example, the statement "I feel like I could kill my spouse" could be interpreted as an expression of emotion, whereas "I want to kill my spouse" is a threat to do harm.

The threat does not need to be directed at the person who heard it (see for example Carter v The Queen (1994) 176 LSJS 112).

Threaten death

Pursuant to s 19(1) of the Criminal Law Consolidation Act 1935 (SA), it is an offence to:

Maximum penalty:

Threaten Harm

Pursuant to s 19(2) of the Criminal Law Consolidation Act 1935 (SA), it is an offence to:

Maximum penalty:

Threaten to damage property

It is an offence to threaten to damage someone's property intending to create a fear that the threat will be carried out or with reckless indifference as to whether such a fear is created [Criminal Law Consolidation Act 1935 (SA) s 85(4)].

Maximum penalty:

See also Arson and property damage.

Threaten force or violence or property damage against groups

Under the Criminal Code Act 1995 (Cth), it is an offence to threaten to use force or violence against a group or member of a group distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion, where a reasonable member of the group would fear that the threat will be carried out [Criminal Code ss 80.2BA, 80.2BB]. The maximum penalty for an offence is imprisonment for 5 years, or imprisonment for 7 years if the threat, if carried out, would threaten the peace, order and good government of the Commonwealth.

It is also an offence to threaten to cause damage to the real property or motor vehicle of a group or member of a group distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion, where a reasonable member of the group would fear that the threat will be carried out [Criminal Code s 80.2BD]. The penalties are the same as those listed above for threatening to use force or violence against a group.