Just wondering whether my thinking makes sense:
1. An ex of mine left two voicemails (which I have copies of) on my phone telling me "to not be in my home with my daughters for a weekend because a male friend of hers was coming around with his cousins (who had been in jail for murdering bikies) to sort me out"
As it was a voicemail I think I am entitled to have a recording of it unlike say recording a private conversation, which I believe is illegal.
She confirmed what she had said in the voicemail via a subsequent text message.
I believe this was an implied threat to kill:
Threat to Kill (WA) - Go To Court Lawyers
Express or implied
A person may be found guilty of making a threat to kill whether the threat was express or implied. The test for whether something constitutes a threat is an objective test. In the 1978 decision of R v Zaphir, Chief Justice Wanstall told the jury that a threat used in the ordinary English meaning would arouse “some sort of indication or intention to cause harm or damage” and the threat “must be of such a nature and extent, that the mind of an ordinary person of normal ability might be influenced or made apprehensive so as to accede unwillingly to the demand.”
2. My ex left numerous text messages on my phone threatening that if I didnt pay her money she believed I owed her she would report me to the police. She subsequently made a statement to the police claiming I had assaulted her. The police questioned me and took no further action. She did eventually get an FVRO (6 months after the alleged assault) but I believe that an FVRO is usually given in WA ex-parte
There is no evidence or witness of an assault as it did not happen
I believe this was an attempt to "gain money from me by threatening to accuse me of an indictable offence in an attempt to get me to succumb to their demands"
Blackmail / Demand Property With Menace / Extortion By Threats
Section 416 of the Criminal Code states: 416. Any person who, with intent to extort or gain any property or benefit or the performance of services from a person-
(a) accuses or threatens to accuse any person of committing any indictable offence,
Is my thinking correct / should I report the matter to the police / what other evidence would I require?
I have discussed the FVRO in the Family Law section but I believe this is a criminal matter so I might get a reply from someone who has experience in this type of legal action
WA - Family Violence Restraining Order
Thanks for any help
1. An ex of mine left two voicemails (which I have copies of) on my phone telling me "to not be in my home with my daughters for a weekend because a male friend of hers was coming around with his cousins (who had been in jail for murdering bikies) to sort me out"
As it was a voicemail I think I am entitled to have a recording of it unlike say recording a private conversation, which I believe is illegal.
She confirmed what she had said in the voicemail via a subsequent text message.
I believe this was an implied threat to kill:
Threat to Kill (WA) - Go To Court Lawyers
Express or implied
A person may be found guilty of making a threat to kill whether the threat was express or implied. The test for whether something constitutes a threat is an objective test. In the 1978 decision of R v Zaphir, Chief Justice Wanstall told the jury that a threat used in the ordinary English meaning would arouse “some sort of indication or intention to cause harm or damage” and the threat “must be of such a nature and extent, that the mind of an ordinary person of normal ability might be influenced or made apprehensive so as to accede unwillingly to the demand.”
2. My ex left numerous text messages on my phone threatening that if I didnt pay her money she believed I owed her she would report me to the police. She subsequently made a statement to the police claiming I had assaulted her. The police questioned me and took no further action. She did eventually get an FVRO (6 months after the alleged assault) but I believe that an FVRO is usually given in WA ex-parte
There is no evidence or witness of an assault as it did not happen
I believe this was an attempt to "gain money from me by threatening to accuse me of an indictable offence in an attempt to get me to succumb to their demands"
Blackmail / Demand Property With Menace / Extortion By Threats
Section 416 of the Criminal Code states: 416. Any person who, with intent to extort or gain any property or benefit or the performance of services from a person-
(a) accuses or threatens to accuse any person of committing any indictable offence,
Is my thinking correct / should I report the matter to the police / what other evidence would I require?
I have discussed the FVRO in the Family Law section but I believe this is a criminal matter so I might get a reply from someone who has experience in this type of legal action
WA - Family Violence Restraining Order
Thanks for any help