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Threatening Violence

What the law says

Sections 75 of he Criminal Code Queensland states:

  1. Any person who
    • (a) with intent to intimidate or annoy any person, by words or conduct the threatens to enter or damage a dwelling or other premises; or
    • (b) with intent to alarm any person, discharges loaded firearms or does any other act that is likely to cause any person in the vicinity to fear bodily harm to any person or damage to property
    commits a crime

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

Section 75(1)(a)

  1. The accused by words or conduct threatened to enter or damage a dwelling or other premises.
  2. The accused did so with intent to intimidate or annoy another person.

Section 75(1)(b)

  1. The accused discharged a loaded firearm (or did any other act likely to cause any person or damage to property)
  2. The defendant did so with intent to alarm any person.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Threatening Violence is 2 years imprisonment.

The maximum penalty if the offence is committed in the night is 5 years imprisonment.

Which court will hear the matter

This matter is indictable which can be dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Identification i.e. not the accused
  2. The words or conduct did not amount to a threat.
  3. The accused did not mean to threaten or intimidate.
  4. The accused was not armed.
  5. Self defence

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Threatening Violence matters)


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