VIC Why weren't I charged after I made a threat to kill?

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Roy Peters

Member
27 April 2018
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0
1
Hello I am a student with mental illness and I was reckless with threatening to kill at my university on Facebook. I deleted the Facebook post in which I made the threat within 1 minute of posting it.

The students took a screenshot and propagated the threat between friends. Ultimately, people to which I made the threat learnt it.

Prior to making the threats I was on antipsychotics and due to side effects of the medications I stopped cold turkey. This lead to me feeling exasperated even for the smallest things. I found myself swearing at strangers and I told my psychiatrists. This is before I made the threat.

As of now I am on a completely new antipsychotic which is adminitered by injection monthly so as to prevent me stopping again. I have come back to my senses and I feel extremely guilty

I saw on the internet that threats to kill is punishable for up to 10 years in prison and I feel extremely guilty and I cannot get over it. Can someone shed light on why I am not in prison?
 
Last edited:

Roy Peters

Member
27 April 2018
2
0
1
Edit: I did not make the threat for no reason whatsoever. I was in a facebook study conversational group. I helped the students on some assignments. A day later I randomly posted "I was at work" and they told me I am rambling nonsense and that I am stupid. They kicked me out of the group and I got angry. I was also at work when they did that to me. I was stressed
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
I do not think the average person would realize a threat to kill is a crime or think to report a threat to kill to police *unless* they actually felt threatened.
 

Cobra1972

Well-Known Member
3 June 2018
39
3
124
Your intent would be taken into account and it may be that your threat did not meet all the elements of that offence.

  1. Making a threat to kill is an offence under the Crimes Act 1958 s20.
  2. The offence has the following three elements that the prosecution must prove beyond reasonable doubt:
    1. The accused made a threat to the complainant to kill either the complainant or another person;
    2. The accused either:
      1. intended the complainant to fear that the threat would be carried out; or
      2. was reckless as to whether or not the complainant would fear that the threat would be carried out; and
    3. The threat was made without lawful excuse.
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Your intent would be taken into account and it may be that your threat did not meet all the elements of that offence.

  1. Making a threat to kill is an offence under the Crimes Act 1958 s20.
  2. The offence has the following three elements that the prosecution must prove beyond reasonable doubt:
    1. The accused made a threat to the complainant to kill either the complainant or another person;
    2. The accused either:
      1. intended the complainant to fear that the threat would be carried out; or
      2. was reckless as to whether or not the complainant would fear that the threat would be carried out; and
    3. The threat was made without lawful excuse.

In any situation i can imagine off the top of my head, of making a threat to kill in anger, i dont see any of those elements being easily 'disproved' at all.

'Reasonable doubt'? ahhh yeah, nice concept, but this is Australia, not America, our court system can often end up leaning more towards people having to prove their innocence, rather than the prosecution having to prove their guilt.