Freedom of Speech Limitations: Understanding Threats to Kill

According to section 30 of the Crimes Act 1900, the offence of making threats to kill can be defined as follows:

“A person who, without lawful excuse, makes to another person a threat to kill that other person or any other person: 

• intending that that other person would fear the threat would be carried out; or
• being reckless as to whether or not that other person would fear the threat would be carried out 

is guilty of an indictable offence.

Understanding the elements surrounding threats to kill is paramount to completely grasp the concept and to assist you in mounting an offence. These three elements must be present, and the prosecution must prove these elements beyond a reasonable doubt:

• The person in question has made a threat to kill another person;
• The accused intended that the complainant to fear the threat would be carried out, or the accused was reckless with the words spoken; and
• The threat made by the accused is made without lawful excuse



Here are the actions that could arguably constitute the threat to kill if the circumstances were right:

• The act of telling another person over the phone that you intend to kill said person or another
• A text message stating intent to kill
• A public message on the internet stating desire to kill someone 

If you find yourself facing charges against making a threat to kill, a defence may be available to you. Certain defence strategies could, for example, consist of the following:



The accused charged with threat to kill acted under duress;

The accused never made any threat to kill the person at all;

A person would never have taken the words spoken to amount to a legitimate threat to kill;

Freedom of speech is a privilege that not many people in the world have access to. It is therefore vital to act with prudence and careful consideration, especially since free speech is always subject to limitations. While distaste for another does not necessarily become punishable by law, any threat to kill can lead you to face a Court trial. If you find yourself accused, however, it’s best to consult a lawyer as soon as possible.

That being said, work with Andrew Byrnes Law Group. We are amongst the best criminal lawyers in Canberra, guaranteeing that you are represented in the best possible way in a way that costs no more than it needs to. We’ll provide you with ample advice, sound defence strategies, and have fought in cases like yours before. If you are facing charges in Canberra, Queanbeyan, Goulburn, Wollongong, Yass, and surrounds – reach out to us and book a free consultation today.