Offences Against the Person

Extortion, Blackmail, Threatening to Kill, Threatening to Inflict Serious Injury and Threatening to Damage Property are serious offences involving threats.

In the context of these offences, a wide range of actions can be considered a threat. A threat can be made orally or in writing. A threat can also be made by conduct or can be inferred by a combination of both words and conduct. A threat can also be conditional.

Threatening a person is illegal provided that the threat is genuine. The more serious criminal charges regarding threats (Extortion, Blackmail, Threat to Kill/Inflict Serious Injury/Damage Property) require the Prosecution to prove that the person making the threat either:

• Intended. or
• Was reckless to the victim fearing it would be carried out.

Therefore, the context surrounding what was said is a very important factor in assessing whether or not a threat is illegal.

A person who is charged with assault is ordinarily released on bail. This is because most of the charges which are associated with allegations of assault do not elevate an accused person into a situation where they are required to demonstrate compelling reasons to be released on bail.

However, in some cases, Police might apply for an Intervention Order to prevent any further contact between the victim and accused. Or they might impose restrictive bail conditions aimed at preventing contact and minimising the accused’s risk of reoffending.

Unless a serious injury is caused, or the assault is accompanied by other serious violent offences, assault charges are heard by a Magistrate sitting in the Magistrates’ Court.

Jail sentences are often handed down when a driver is found guilty of an offence that involves hitting a pedestrian. The reason for this is that to be guilty, a driver has to have acted contrary to road rules before or after hitting a pedestrian.

If no laws have been broken, then the driver has not committed an offence and cannot be sent to jail.

If laws have been broken, then the driver’s behaviour is often treated very seriously, because a pedestrian has been hit as a result of driving in breach of the law. In these cases, the Court’s prevailing view is to send a strong message that driving in a way that puts the wider public in danger is not to be tolerated.

The factors that often dictate the seriousness of this sort of offending are:

• The driving history of the offender
• The dangerousness of the driving prior to and at the time of the collision
• The seriousness of the injury caused
• Whether the driver rendered assistance or committed a ‘hit and run’ offence

Aggravated assault involves a common/unlawful assault under the Summary Offences Act being committed in circumstances of aggravation. The circumstances of aggravation and the increased maximum penalties are outlined in Section 24 of the Summary Offences Act.

A common/unlawful assault under the Summary Offences Act carries a maximum penalty of three months imprisonment.

However, if the assault is committed upon a male child aged below 15 or upon a female, the maximum penalty increases to six months imprisonment.

If the assault is committed in company, the maximum penalty increases to twelve months imprisonment.

If the assault is carried out by kicking or with a weapon, the maximum penalty increases to two years imprisonment.