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QLD What Constitutes Death Threat or Stalking under Criminal Law?

Discussion in 'Criminal Law Forum' started by Joelene, 31 July 2015.

  1. Joelene

    Joelene Member

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    Hello from a new poster but long time reader. A person known to me has sent me several texts, all of a different wording and I am wondering if they could constitute a death threat or just be seen as stalking under criminal law?

    Three examples: you will go down hard when I am finished with you. I will get you. Pick out a coffin.

    The last one obviously concerns me the most.

    Also is there a time limit to be able to lodge a police complaint? These were over a year ago, but there has been milder texts since these ones and I am wondering if the nasty examples above will count in addition with the more recent ones?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Joelene,
    Based on what you have described above, I believe there would be grounds for a finding of stalking here. Whether the death threats would also be considered assault or a threat to murder (which is made an offence under s308 of the Criminal Code in Qld) may depend on whether you had a genuine apprehended fear of the threats being carried out (however this is not a requirement for a stalking charge). I am not overly familiar with the case law in this area and whether or not something of the nature of "pick out a coffin" would be sufficient to be a death threat at law, however in my opinion I believe it would, especially in the context of the other messages. There will also probably be grounds for a commonwealth offence under section 474.17 of the Criminal Code Act 1995 (Cth) for menacing using carrier service.
     
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