Threatening Government Officials

The Law

Where an offence against justice is committed by a public official, the Court of Criminal Appeal has consistently held that the offender’s position is generally a significant matter in aggravation.

In Retsos v R [2006] NSWCCA 85 at [31], Sully J (with Howie and Simpson JJ agreeing) stated:

Any offence of, or ancillary to, corrupt conduct on the part of any public official should be denounced plainly and punished condignly.

What must the prosecution prove?

Since Threatening a Government Official is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.

To establish Threats Made Against Government Officials, the prosecution must prove each of the following matters beyond reasonable doubt:

• The prosecution needs to show that you threatened to cause serious harm to the public official or a third person.
• They will also need to be able to prove that you intended the person who was being threatened to genuinely believe that the threat would be carried out, or you were reckless as to whether or not they would have reason to believe the threat would be carried out.

If you are charged with the offence of Threats Made Against Government Officials, what are your options?

National Criminal Lawyers (NCL) have been successful in defending many Threatening Government Officials charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.

It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.

Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.

NCL offer the following options for those who have been charged with Threatening a Government Official:

1. We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
2. NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
3. Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
4. Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.

Please contact us now for more information about your options.