Threat to Inflict Serious Injury

201410.21
0

Can words of themselves amount to an offence under s21?

The Court of Appeal recently considered whether the utterance by the Appellant to the victim [that] ‘fuck with me or my family, I will fuck you up” constituted an offence under s21of the Crimes Act Vic.

The Court found that the words uttered must be considered in “light of the circumstances surrounding the applicant’s offending”.  The words were considered as part of a course of conduct that involved stalking and the commission of an aggravated burglary.

When asked, the Applicant in his record of interview was asked about the utterance and stated “well I was bluffing that I’d – if he’d come around I will belt him – belt him, I suppose..”

These words the Court found supported the contention that the applicant had intended the victim to fear that the threat would be carried out.

See crimes act s21:

http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s20.html

http://www.austlii.edu.au/au/cases/vic/VSCA/2014/168.html