A person who, without lawful excuse makes to another a threat intending that the other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence. This offence is triable either summarily at the Magistrates Court or on indictment at the Crown Court.
There is no need to show that the defendant intended to kill anyone. The relevant intent has to be that the person receiving the threat would fear the threat (to kill them or a third person) would be carried out.
Threats to kill are often made during a heated argument or a moment of aggression and as a result the case usually fails the evidential test required owing to lack of proof of the required intent. The maximum sentence upon conviction for a threat to kill is 10 years imprisonment.
As such, if you are facing an allegation of making threat to kill then it is essential that you take immediate legal advice from one of our expert Solicitors at SCM Law.
If you would like to discuss anything with us, please get in touch.