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  • Writer's pictureShaun Pascoe

Case study: Make threat to kill charge

In this case study our client was charged with Making a threat to kill following a dispute between our client and a former contractor. The case was heard at Sunshine Magistrates' Court and our client received a Diversion. What follows is an overview of what happened, and the steps taken to achieve this outcome for our client.

Date of offence

The offence occurred in July 2022, and was finalised on 17 November 2023

Court that heard case

Sunshine Magistrates' Court

The details of what occurred

Our client operated a successful haulage company and had been owed money by one of his contractors. After repeated efforts to request the repayment of the debt owed to him were ignored, our client confronted the complainant at his workplace. During a brief but heated exchange, our client was alleged to have made threats to kill the complainant. The incident did not escalate into physical violence, and after issuing the threats our client returned to his car and drove off.

As a result of this incident, the police applied for a Personal Safety Intervention Order (IVO) on behalf of the complainant. Our client consented without admission to a 12-month IVO (August 2022).

In late April 2023, our client received a charge sheet and summons to attend Court to answer a charge of Make threat to kill. This was approximately 9 months after he consented to a Final IVO.

The matter was listed for the first mention in October 2023 and at this point, the previous IVO had expired.

How case resolved

Our client instructed our office that he wanted his case dealt with as expeditiously as possible but the avoidance of a criminal record was very important. Consequently, submissions were made to the prosecution that the charge be referred for a diversion. A diversion notice was completed and filed, and the case was adjourned to 15/11/23 for a diversion assessment.

On the date of the diversion assessment hearing, extensive character references were tendered which demonstrated our client's good character. Submissions were made as to the circumstances of the offending.

The Court was persuaded to grant a diversion and the conditions of the Diversion Plan were that our client pay $300 to the Court Fund and be of good behaviour.

Early Advice and Preparation is Important

This case study illustrates our effective early preparation can be in achieving a good outcome. If you intend to get representation to deal with any allegation of threat or assault offence, contact our office as early preparation can be key to getting a good result.


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