Question 1

What is the difference between section 75, section 308, and section 359?

Accepted Answer

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.

Question 2

Can I be charged for something I said in an argument?

Accepted Answer

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.

Question 3

Does the other person have to be frightened for it to be a threat?

Accepted Answer

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.

Question 4

Will I go to jail for a threat charge?

Accepted Answer

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.

Question 5

Can I get no conviction recorded?

Accepted Answer

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.

Question 6

What if the threat was made by text or online?

Accepted Answer

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.

Threatening Violence — Fixed Fee

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