Threats to Kill | Kangs Criminal Defence Lawyers
A defendant has recently been sentenced, following Trial at Salisbury Crown Court, to four-and-a-half years imprisonment for the offence of ‘Threats to Kill’ as the result of threats made to an ex-partner, barrister and Judge via social media platforms.
The threats were made subsequent to proceedings at a Family Court.
Mohammed Ahmed of Kangs Solicitors briefly outlines the circumstances and the relevant law.
The Circumstances | Kangs Serious Crime Defence Solicitors
The Court heard that the male defendant aged fifty-four had been involved in proceeding before a Family Court where he was seeking to establish formal contact with his child.
Whilst the proceedings were ongoing, it was reported that several threats were made, consisting of violent and offensive language and a threat to kill the Presiding Judge.
These threats were communicated via posts, comments, and livestreams across social media platforms and emails.
The Relevant Law | Kangs Offences Against the Person Defence Lawyers
The Offences Against the Person Act 1861 provides that:
Section 16 Threats to kill.
‘A person who without lawful excuse makes to another a threat, intending that, that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence’.
To be convicted of the offence, it is not necessary to show that the accused actually intended to carry out the threat.
However, if the person against whom the threat is made feared that it would be carried out then the offence has been committed.
The threat does not have to be made directly, it can be made indirectly via a third party.
Factors taken into account when considering the offender’s culpability include:
- Threat(s) made in the presence of vulnerable adults / children
- Whether any weapons were used
- The level of distress / psychological harm caused to the victim
Official Comment | Kangs Defence Solicitors
A Senior Crown Prosecutor for the Crown Prosecution Service Said:
‘Threatening behaviour caused considerable distress and alarm to his victims and others that may have witnessed his actions.
His social media posts and livestreams were violent and offensive, and no-one should have to endure this type of behaviour.
Threats of this nature are taken very seriously and will not be tolerated. The CPS will not hesitate to prosecute such offences whenever our legal test is met.’
How Can We Assist? | Kangs Criminal Defence Team
The Crown Prosecution Service publicised this offending in order to serve a reminder that misusing social media and engaging in such behaviour can result in prosecution.
As the offence of Threats to Kill is an ‘either way offence’, it is triable before a Magistrates’ Court or a Crown Court and upon conviction a maximum sentence of ten years imprisonment may be imposed.
It will be seen that a threat of this nature is recognised as a very serious offence, given that a conviction may result in imprisonment.
Accordingly, if you have been, or anticipate being charged with such an offence, it is essential that expert legal advice is sought at the earliest opportunity.
The Team at Kangs Solicitors will assist you at the Police Station, and throughout the duration of any prosecution before a Magistrates’ Court or Crown Court.
We understand s the enormous difficulties and pressures imposed upon an accused person and family whatever the nature of the allegations and we are here to assist achieve the most favourable outcome available.
Who Can I Contact for Help? | Kangs National Criminal Defence Lawyers
If we can be of assistance, our Team is available via telephone 0333 370 4333 and by email info@kangssolicitors.co.uk.
We provide initial no obligation discussion at our three offices in London, Birmingham and Manchester.
Alternatively, discussions can be held virtually through live conferencing or telephone.
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