If a complainant with a history of dubious reports alleges that you made a threat to kill, does that mean that the police have an automatic right to arrest you, fingerprint you and take your mugshot when there was no reasonable suspicion?
VIC Alleged threat to kill?
- Thread starter TylerFrost
- Start date
No.
I've studied a lot of criminal law and had similar case scenarios (most being text messages sent from one to another saying things like 'watch yourself' or 'shame if something happens to you' etc) and the laws around this vary quite a lot. Some precedent cases show how mere threats may not be close enough in time to warrant real threat yet others say they do - sorry im not using proper legal jargon or citing exact cases (for example , one case found that a man calling up females and not saying a word over the phone- just the sound of him breathing- DID amount to threatening behaviour).
It is almost always case by case, but yours I would say doesn't mean that threshold.
I've studied a lot of criminal law and had similar case scenarios (most being text messages sent from one to another saying things like 'watch yourself' or 'shame if something happens to you' etc) and the laws around this vary quite a lot. Some precedent cases show how mere threats may not be close enough in time to warrant real threat yet others say they do - sorry im not using proper legal jargon or citing exact cases (for example , one case found that a man calling up females and not saying a word over the phone- just the sound of him breathing- DID amount to threatening behaviour).
It is almost always case by case, but yours I would say doesn't mean that threshold.
* doesn't meet that threshold. Especially being dubious.
ALSO real life situation here...
I was accused of dangerous driving from a random lady pedestrian a few years ago and the police believed her and charged me with dangerous driving. I lodged court cases and counter-claims saying she is lying about it and then the police have the audacity to charge me for 'threatening to harass a witness due to testify, or give evidence, in court!, under the Summary Offences Act'. !
These were some very stubborn and despised officers, as you'd expect from a place like fawkner/hadfield. I'm glad I went through with my not guilty pleas and legal representation and they dropped these charges.
I hope the worst for this lady who made up these lies and without a doubt would expect her to be that sort of lady who cries wolf and when she really needs help, would not get it.
ALSO real life situation here...
I was accused of dangerous driving from a random lady pedestrian a few years ago and the police believed her and charged me with dangerous driving. I lodged court cases and counter-claims saying she is lying about it and then the police have the audacity to charge me for 'threatening to harass a witness due to testify, or give evidence, in court!, under the Summary Offences Act'. !
These were some very stubborn and despised officers, as you'd expect from a place like fawkner/hadfield. I'm glad I went through with my not guilty pleas and legal representation and they dropped these charges.
I hope the worst for this lady who made up these lies and without a doubt would expect her to be that sort of lady who cries wolf and when she really needs help, would not get it.
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