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Charged with Making Threats? What You Need to Know
Sending a document that threatens to kill or inflict bodily harm on a person is a criminal offence under section 31 of the Crimes Act 1900 (NSW), headed “Documents containing threats.” It carries a maximum penalty of 10 years imprisonment, and the offence is complete when the document is sent. It does not matter whether the document was ever received, or whether the person threatened ever saw it.
The nature of the document, the available data, and the surrounding situation can all be important when assessing the case and determining the appropriate defence.
Many people charged with this offence sent a text message, email, or social media message in anger and never intended to carry out the threat. A message sent during a relationship breakdown, a dispute with a neighbour or colleague, or a heated online exchange can meet the definition. “Document” is not limited to letters. It covers any written or electronic record, including text messages, emails, direct messages, and posts.
Preserving the original message, relevant documentation, account data, and other digital evidence can help your lawyer understand what happened and establish the full context.
NSW does not have a single standalone offence called “making threats” or “threat to kill.” Threats are prosecuted under a number of different provisions depending on how the threat was made, who it was made to, and what was threatened. Section 31 is the principal charge for written and electronic threats to kill or injure, and it is the most serious of them. The provision that applies will depend on the particular situation, the conduct alleged, and the evidence available to enforcement authorities.
Outcomes vary widely. Most section 31 matters are finalised in the Local Court, and where the threat was an isolated, impulsive message with no steps taken to act on it, non-conviction and community-based outcomes are achievable. Early legal help can be important because a lawyer can review the evidence, identify key issues, and advise on the safest and most appropriate way forward.
The Australian Legal Practice represents clients facing charges for making threats across Burwood, Sydney CBD, and Parramatta. Our lawyers are available 24/7, and the first consultation is free. We can help you understand the charge, review relevant documentation or documents making threats and data, and explain what protection and defence options may be available in your situation.
Call (02) 8084 9929 to arrange a free consultation with a principal lawyer.
What Is Making Threats?
The offence under section 31 of the Crimes Act 1900 (NSW) is committed where a person intentionally or recklessly, and knowing the contents, sends or delivers, or directly or indirectly causes to be received, a document threatening to kill or inflict bodily harm on any person.
Understanding exactly what was sent, when it was sent, and the surrounding situation is a key part of assessing whether the elements of the offence are established.
The offence has four components:
- You sent, delivered, or caused to be received a document
- The document contained a threat to kill or inflict bodily harm on a person
- You knew the contents of the document
- You acted intentionally or recklessly
Police and prosecutors may rely on documentation, account records, device information, witness evidence, and other data to establish these elements.
The word “document” is broad. It includes:
- Letters, notes, and cards
- Text messages and instant messages
- Emails
- Social media posts, comments, and direct messages
- Images or videos containing a written threat
Digital documentation may include screenshots, message histories, account records, metadata and other data. The way this material was obtained, preserved and interpreted can become a key issue in a contested case.
Under section 31(2), it is immaterial whether the document was actually received, and whether the threat was actually communicated to the person threatened. Sending a threatening message to a third party about someone else, or sending a message that is never opened, can still amount to the offence.
The fact that a recipient did not read a message therefore does not necessarily provide a defence. However, the complete documentation and circumstances surrounding the message may still be relevant.
Conduct that can result in a charge includes:
- Texting a former partner that you will kill them or hurt them
- Emailing a colleague or employer threatening violence
- Posting a threat to injure a named person on social media
- Sending a threatening letter to a neighbour, business, or public figure
- Sending a message to a friend threatening to harm a third person
The threat does not need to be directed at the recipient. A document threatening to kill or injure “any person” is covered. The specific wording, the surrounding behaviour, and the relationship between the parties can be important when determining whether the conduct amounts to a criminal threat.
Threats made in other ways are prosecuted under different provisions:
- Verbal threats made face to face are generally prosecuted as common assault under section 61 where the threat causes the person to apprehend immediate unlawful violence
- Threats made in a domestic or personal relationship are commonly charged as stalking or intimidation under section 13 of the Crimes (Domestic and Personal Violence) Act 2007
- Threats made by phone, text, or online can also be charged as Commonwealth offences under the Criminal Code Act 1995 (Cth), including using a carriage service to make a threat to kill or cause serious harm
- Threats to damage property are prosecuted under section 199 of the Crimes Act 1900
Different charges can carry different penalties and court processes, making it important to obtain legal help before making decisions about how to respond.
Making Threats Under Australian Law
Section 31 of the Crimes Act 1900 (NSW) provides:
“A person who intentionally or recklessly, and knowing its contents, sends or delivers, or directly or indirectly causes to be received, any document threatening to kill or inflict bodily harm on any person is liable to imprisonment for 10 years.”
The section was substituted in its current form by the Crimes (Threats and Stalking) Amendment Act 1994, which replaced the former offence of “letters threatening to murder” with the broader offence of “documents containing threats.” The development of the provision reflects how the law has adapted to different forms of communication and electronic documentation.
Threats can be charged under a range of NSW and Commonwealth provisions depending on the circumstances:
Offence | Section | Maximum Penalty |
Documents containing threats (threat to kill or inflict bodily harm) | s 31 Crimes Act 1900 (NSW) | 10 years imprisonment |
Common assault (verbal or physical threat causing apprehension of immediate violence) | s 61 Crimes Act 1900 (NSW) | 2 years imprisonment |
Stalking or intimidation with intent to cause fear of physical or mental harm | s 13 Crimes (Domestic and Personal Violence) Act 2007 (NSW) | 5 years imprisonment and/or 50 penalty units ($5,500) |
Intimidation or annoyance by violence or otherwise | s 545B Crimes Act 1900 (NSW) | 2 years imprisonment and/or 50 penalty units ($5,500), Local Court only |
Threatening to destroy or damage property | s 199 Crimes Act 1900 (NSW) | 5 years imprisonment, or 7 years during a public disorder |
Using a carriage service to make a threat to kill | s 474.15(1) Criminal Code (Cth) | 10 years imprisonment |
Using a carriage service to make a threat to cause serious harm | s 474.15(2) Criminal Code (Cth) | 7 years imprisonment |
Using a carriage service to menace, harass, or cause offence | s 474.17 Criminal Code (Cth) | 5 years imprisonment |
Jurisdiction and court for section 31:
- Section 31 is a Table 1 offence under Schedule 1 of the Criminal Procedure Act 1986 (NSW)
- It is dealt with in the Local Court unless either the prosecution or the accused elects to have the matter heard in the District Court
- In the Local Court, the maximum penalty is 2 years imprisonment and/or 100 penalty units ($11,000)
- Where the threat was made in a domestic relationship, the charge is treated as a domestic violence offence, and police are required to apply for an Apprehended Domestic Violence Order
These orders can have consequences beyond the criminal case, including restrictions on contact, communication and access to particular places. Understanding the conditions of any order is therefore important for your safety and legal protection.
What Must the Prosecution Prove?
To secure a conviction under section 31, the prosecution must prove each of the following elements beyond reasonable doubt:
- You sent, delivered, or directly or indirectly caused to be received, a document
- The document contained a threat to kill or inflict bodily harm on a person
- You knew the contents of the document
- You acted intentionally or recklessly in sending or delivering it
Points about these elements that are frequently decisive:
- The threat must be to kill or inflict bodily harm: abusive, insulting, or offensive messages that do not threaten physical harm do not fall within section 31, though they may be charged under other provisions
- Knowledge of contents is required: forwarding a document without knowing what it contained is not an offence under this section
- Receipt is not required: the prosecution does not need to prove the document reached the person threatened, or that anyone was actually afraid
- Intention to carry out the threat is not an element: the prosecution does not need to prove you intended to act on the threat, only that you intentionally or recklessly sent a document containing it
If the prosecution cannot prove any one of these elements, the court must find you not guilty. Our lawyers can examine the available evidence and identify whether there are weaknesses in the prosecution case, including problems with identification, documentation, witness accounts or digital data.
Where the document was sent by phone or online, identification is often the main contest. The prosecution must prove that you, and not another person using your phone, account, or device, sent the document.
Access to an account or device does not automatically establish who sent a particular message. The relevant data, account records, device evidence and witness evidence may all need to be considered.
Penalties for Making Threats in NSW
Court | Maximum Penalty |
Local Court (Table 1) | 2 years imprisonment and/or 100 penalty units ($11,000) |
District Court on election | 10 years imprisonment |
Sentencing options available to the court:
- Section 10 dismissal (no conviction recorded)
- Conditional Release Order (CRO) with or without conviction
- Fine
- Community Correction Order (CCO)
- Intensive Correction Order (ICO), served in the community
- Full-time imprisonment
The appropriate outcome depends on the facts of the case, the seriousness of the conduct, your personal circumstances, and the material placed before the court. Your lawyer can help prepare the relevant forms, supporting documentation and sentencing material where appropriate.
Factors that influence the severity of the penalty:
- The nature and specificity of the threat, with explicit threats to kill treated more seriously than vague threats of harm
- Whether the threat was a single message or part of a sustained course of conduct
- Whether the threat was made in a domestic violence context, which is an aggravating factor and triggers ADVO proceedings
- Whether any steps were taken toward carrying out the threat
- The vulnerability of the person threatened
- Mental health, intoxication, or provocation at the time, and any treatment undertaken since
- Prior criminal history, particularly for violence or intimidation
- Genuine remorse and an early guilty plea, which attracts a discount of up to 25 per cent
There is no standard non-parole period for this offence. Where the threat was isolated, impulsive, and followed by no further contact, non-conviction outcomes are commonly achieved. Where the threat was part of a pattern of harassment, or made to a former partner in breach of an existing order, custodial outcomes become more likely.
The court may also consider subsequent behaviour, compliance with orders, efforts at prevention, and whether the accused has taken steps to protect others from further harmful behaviour.
Other consequences of a conviction include:
- Criminal record affecting employment, particularly in security, education, healthcare, and government roles
- A final ADVO where the threat was made in a domestic relationship, with consequences for firearms licences, housing, and parenting arrangements
- Immigration consequences for non-citizens under the character test in the Migration Act 1958
Depending on the situation, additional protection orders may also affect where a person can go, who they can contact, and what behaviour is permitted. Breaching orders can create further criminal consequences, so it is important to obtain legal help if you are unsure about an order.
Possible Defences Against Making Threats
Several defences can result in a charge being dismissed, reduced, or withdrawn.
- No threat to kill or inflict bodily harm: the document, read in context, did not threaten physical harm, for example an expression of anger, an insult, or a figure of speech that no reasonable person would read as a genuine threat
- No knowledge of contents: you sent or forwarded the document without knowing what it contained
- Not the sender: another person used your phone, account, or device, or the identification evidence is unreliable
- No intention or recklessness: the document was sent accidentally, for example a draft sent in error
- Duress: you were forced to send the document by threats of serious harm from another person
- Necessity: the conduct was necessary to avoid an imminent and greater harm
- Mental health: where a mental health or cognitive impairment was a relevant factor, an application under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) can result in the matter being dealt with by way of a treatment plan rather than a conviction
Depending on the situation, the defence may also involve examining whether police followed appropriate procedures when obtaining statements, electronic data or other documentation. Relevant witnesses may need to be identified and their evidence carefully assessed.
Every defence is assessed on the specific facts, including the full message history, the relationship between the parties, device and account access, and any admissions made during a police interview. The key is to consider the complete body of evidence rather than an isolated message or piece of data.
Do not delete, alter or destroy potentially relevant messages, files or other documentation. Preserving the original data can help your lawyer assess the case and determine what evidence may support your defence.
Your Options When Charged with Making Threats
Option | What It Means |
Negotiate with the prosecution | Where the document does not clearly threaten physical harm, or where identification is contestable, representations can result in the charge being withdrawn, downgraded to a lesser offence such as intimidation, or the facts amended |
Plead not guilty | Contest the charge at a defended hearing, where the prosecution must prove the content of the threat, your knowledge, and your identity as the sender beyond reasonable doubt |
Plead guilty and seek the best outcome | An early guilty plea attracts a sentencing discount of up to 25 per cent; evidence that the threat was isolated and impulsive, mental health material, and steps taken since can support a section 10 dismissal or CRO without conviction |
The best option depends on the evidence, the charge, the available documentation and the particular situation. Getting legal help early can allow your lawyer to review the prosecution material, identify key issues and protect your legal position.
If an ADVO or other protection order has been made, you should carefully read the conditions and comply with them. If you are unsure whether particular behaviour is permitted, obtain legal advice before taking action.
Why Choose The Australian Legal Practice for Making Threats Charges
- Principal-level representation. You deal directly with an experienced senior lawyer, not a junior
- 24/7 availability on (02) 8084 9929. Threat charges frequently follow a domestic incident or a police complaint made outside business hours
- Three Sydney offices: Burwood, Sydney CBD, and Parramatta
- Free initial consultation so you can understand which provision you have been charged under and what the prosecution must prove
- Fixed-fee arrangements available for section 31 matters heard in the Local Court
- Experience across the full range of NSW and Commonwealth threat offences, and in identifying when a charge has been laid under the wrong provision
- Experience challenging identification and device attribution evidence in text, email, and social media cases
- Integrated advice on associated ADVO proceedings where the threat was made in a domestic relationship
Our lawyers can help you understand what enforcement action has been taken, what forms or documentation may need to be completed, and what steps may be available to protect your interests. We can also advise on practical safety and prevention measures where there is an ongoing dispute or risk of further contact.
Where digital evidence is involved, we can assess relevant files, account data, messages and other electronic material and explain which evidence may be important to your case.
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Frequently Asked Questions About Making Threats
Yes. The term covers any written or electronic record, including text messages, emails, instant messages, and social media posts or direct messages. A threat sent by any of these means can be charged under section 31.
Yes. Under section 31(2), it is immaterial whether the document was actually received, or whether the threat was ever communicated to the person threatened. The offence is complete when the document is sent or delivered.
Not on its own. The prosecution does not need to prove you intended to carry out the threat, only that you intentionally or recklessly sent a document containing it. Lack of intention to act on the threat is relevant to sentencing, and the context of the message can support an argument that it was not a genuine threat of physical harm.
No. Unlike some other Australian states, NSW has no standalone threat to kill offence. Written and electronic threats to kill are charged under section 31, verbal threats are generally charged as common assault or intimidation, and threats made by phone or online can also be charged under Commonwealth carriage service offences.
It can. Where the threat was made to a family member or partner, the charge is a domestic violence offence and police must apply for an ADVO. An interim or final ADVO automatically suspends or revokes a firearms licence, and can restrict contact with children named as protected persons.
Speak to a criminal defence lawyer today on (02) 8084 9929 or book a free consultation online.
