Threatening Violence — Fixed Fee
$4,800 — Fixed Fee
Threatening violence or threats to kill — Cairns Magistrates Court plea — $4,800 fixed Covers : review of the charge and full prosecution brief, advice on which offence section applies and the penalty range, sentencing submissions, and full court appearance. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Initial consultation to review your charge, the prosecution brief, and the circumstances of the alleged offence Identification of which offence section you are charged under — section 75 (threatening violence), section 308 (threats to murder in document), or section 359 (threats with intent) — and advice on the difference in penalty and jurisdiction Review of the evidence — witness statements, text messages, audio recordings, CCTV, body-worn camera footage Assessment of the elements of the charge and whether the prosecution can establish them on the evidence Where the charge carries a DV classification, advice on the mandatory aggravating factor and its effect on sentencing Bail condition advice — no-contact and exclusion conditions are common on threat charges Preparation of written sentencing submissions tailored to your circumstances Full appearance by Sacha at your sentencing hearing at the Cairns Magistrates Court Post-sentence advice on any conviction recorded, probation conditions, and the status of any protection order
What You Are Facing
Queensland law treats threats seriously. There are two main offences, and the charge you face depends on the nature of the threat alleged. Section 75 — Threatening Violence ( Criminal Code Act 1899 (Qld)) Section 75 targets two specific categories of threatening conduct: Section 75(1)(a) — threatening by words or conduct to enter or damage a dwelling or other premises, with intent to intimidate or annoy the occupier. Maximum penalty: 2 years' imprisonment. Section 75(1)(b) — discharging a loaded firearm or doing any other act that is likely to cause persons in the vicinity to fear bodily harm to any person or damage to property, with intent to alarm. Maximum penalty: 2 years' imprisonment. There are two aggravated forms. Where the circumstance of aggravation under section 52B applies, the maximum increases to 3 years under section 75(2) . Where the offence is committed in the night, it becomes a crime under section 75(3) with a maximum of 5 years' imprisonment. The night-time form is an indictable offence and can be committed to the District Court. Most section 75 charges are dealt with summarily in the Magistrates Court. However, a section 75(3) night-time charge can proceed on indictment in the District Court where the circumstances warrant it. Section 308 — Threats to Murder in Document ( Criminal Code Act 1899 (Qld)) This offence applies where a person, knowing the contents of the document, directly or indirectly causes another person to receive a document threatening to kill them. The maximum penalty is 7 years' imprisonment. The term "document" is defined broadly and includes electronic communications such as text messages, emails, and social media messages. Section 308 does not cover oral threats and does not cover threats of grievous bodily harm — it is limited to threats to kill communicated in a document. Section 308 charges can be dealt with in either the Magistrates Court or the District Court. If the defence elects to have the matter dealt with summarily in the Magistrates Court, the sentencing cap is 3 years. If the matter proceeds on indictment in the District Court, the full 7-year maximum applies. The election decision — Magistrates Court or District Court — is a strategic question that depends on the seriousness of the alleged conduct, the client's history, and the likely sentencing range. Sacha will advise on the right approach for your matter. Section 359 — Threats ( Criminal Code Act 1899 (Qld)) Where a threat to kill or cause harm is made orally rather than in a document, the relevant offence is often section 359. This covers threats made with intent to prevent or hinder a person from doing an act they are lawfully entitled to do, or to compel a person to do an act they are lawfully entitled to abstain from doing. The maximum penalty is 5 years' imprisonment. Sacha will advise on whether this section or another provision applies to your circumstances. When the Charge Carries a DV Classification Threat charges frequently arise in the domestic violence context — between current or former partners, family members, or people in a care relationship. Where the charge carries a DV flag, the mandatory aggravating factor under section 9(10A) of the Penalties and Sentences Act 1992 (Qld) applies at sentencing, and the court must treat the domestic relationship as an aggravating feature. A DV-classified threat charge will usually run alongside a protection order application under the Domestic and Family Violence Protection Act 2012 (Qld). Sacha will advise on both the criminal charge and the protection order from the outset. When the Charge Arises Outside a Domestic Relationship Threat charges also arise between neighbours, in workplaces, in road rage incidents, and in commercial disputes. These matters do not carry the DV classification, and the sentencing framework is different. The range of outcomes is generally wider, and the court has more flexibility.
What Changes the Outcome
The nature of the threat. A general threat of harm is treated differently from a specific, detailed threat to kill. The words used, the context, and whether the threat was communicated directly or through a third person all affect the sentencing range. Whether the threat was accompanied by other conduct. A threat made alongside a physical assault, property damage, or breach of a protection order is treated as more serious than a verbal threat in isolation. The context in which the threat was made. A threat made in the heat of an argument may be treated differently from a premeditated, repeated pattern of threatening behaviour. The court considers all the circumstances. Whether a DV classification applies. The mandatory aggravating factor under section 9(10A) of the Penalties and Sentences Act 1992 raises the sentencing range. DV-classified matters are treated more seriously across the board. Your criminal history. A first offence for a person with no prior record carries materially better prospects than a charge against a background of prior violence, DVO breaches, or similar offending. Steps taken since the charge. Voluntary engagement in counselling, anger management, or a behaviour change programme before the sentencing hearing is relevant. Courts respond to genuine engagement — not last-minute enrolment. Whether a conviction should be recorded. The court has discretion under the Penalties and Sentences Act 1992 to deal with a matter without recording a conviction in appropriate circumstances. For a first-offence section 75 charge with strong mitigating factors, it is a realistic outcome.
What Sacha Focuses On
The evidence in a threat charge often turns on one or two key questions: what was actually said, and in what circumstances. The prosecution brief typically includes the complainant's statement, any witness accounts, and — increasingly — text messages, audio recordings, or body-worn camera footage that captures the words used. Sacha will review the full brief before any advice is given about an outcome. Where the evidence does not actually establish every element — including whether the words used amount to a threat within the meaning of the section — that is identified before any plea is entered. For plea matters, the written sentencing submissions address the specific circumstances of the offence, the context in which it occurred, the relationship between the parties, your personal circumstances, and the steps you have taken since the charge. The difference between a conviction recorded and none, or between a community-based order and actual imprisonment, depends on the quality of what is placed before the court. For DV-classified matters, the consequences of the mandatory aggravating factor and the section 12A criminal history entry — which applies even where no conviction is formally recorded — are explained clearly at the first consultation.
FREQUENTLY ASKED QUESTIONS
What is the difference between section 75, section 308, and section 359? Section 75 covers threatening violence — specifically, threats to enter or damage premises (s 75(1)(a)) and discharging firearms or acts causing fear in the vicinity (s 75(1)(b)). The base maximum is 2 years, rising to 3 years with an aggravation and 5 years for a night-time offence. Section 308 covers threats to murder communicated in a document — including text messages, emails, and social media. The maximum is 7 years and the matter can go to the District Court. Section 359 covers threats made with specific intent (to prevent, hinder or compel conduct). The maximum is 5 years. The charge you face depends on what was allegedly said, how it was communicated, and the nature of the threat. Can I be charged for something I said in an argument? Yes. The offence does not require a written or premeditated threat. Words spoken in the heat of an argument, if they amount to a threat to harm or kill, can form the basis of a charge. The prosecution must prove the threat was made — which is why the evidence (recordings, witness accounts, messages) is critical. Does the other person have to be frightened for it to be a threat? For section 75, the prosecution must prove the threat was made with intent to intimidate or annoy (s 75(1)(a)) or with intent to alarm (s 75(1)(b)). For section 308, the prosecution must prove the accused caused another person to receive a document threatening to kill, knowing the contents of the document. In neither case does the prosecution need to prove the other person was actually afraid — only that the threat was made in the circumstances required by the relevant section. Will I go to jail for a threat charge? It depends on the circumstances. For a first-offence section 75 charge involving a verbal threat in a heated moment, actual imprisonment is unlikely — fines, good behaviour bonds, and probation are more common outcomes. For section 308 charges, or where there is a prior history of violence or DVO breaches, imprisonment is a realistic possibility. Sacha will advise honestly on the likely range at the first consultation. Can I get no conviction recorded? For a first-offence section 75 charge with strong mitigating factors, the court has discretion to deal with the matter without recording a conviction. For section 308 charges, the threshold is higher but not impossible. The outcome depends on the seriousness of the threat, your history, and the quality of the sentencing submissions. What if the threat was made by text or online? The offence applies regardless of how the threat was communicated — in person, by phone, text message, email, social media, or any other means. Written threats are often easier for the prosecution to prove because there is a documentary record.