>[!info] >[s. 20 Crimes Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s20.html "Threats to Kill") — A **person** who, **without** lawful excuse, makes to another person a **threat** to **kill** that the other person or any other person; **intending** to cause **fear** the threat would be carried out; or being **reckless** to the above. >[!success] >The Victorian Judicial College has a [Charge Book section](http://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#4983.htm "Charge Book - Threats to Kill") relating to this matter. # Example Tim is having an argument with someone on the side of the street that becomes quite heated. Tim details how he wants to kill that person, directly to them, in a threatening tone. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Indictable Offence #iots heard at the Magistrates' Court. # Defences - Self-defence - Lack of Intent - Non-self induced intoxication - Duress # Points of Proof 1. That the offence occurred at the *place* and *time* alleged. 2. That the *offender* was the *accused* (Identity). 3. That the accused made *a threat* to another person. 4. That the threat was *to kill* that person or some other person. 5. That the accused: 1. *intended* that that other person would fear that the threat would be carried out; or 2. was *reckless* as to whether or not that person would fear that the threat would be carried out. 6. That the threat was made without lawful excuse.