What are Threats made against government officials ?

Threatening to do harm is covered in the law by several offences including common assault and intimidation laws however if that threat relates to threats harm to a Commonwealth public official this is a specific offence.

What must the prosecution prove?

Since Threats made against Government Officials offence is a criminal offence, the burden of proof lies on the Prosecution.

The prosecution must prove each of the elements in the charge beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Threats made against Government Officials.

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.

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.

If you are charged with the offence of Threats made against Government Officials what are your options?

National Criminal Lawyers have been successful in defending a number of Threats made against Government Officials charges where the prosecution could not establish each of the elements of Threats made against Government Officials.

NCL offer the following options for those who have been charged with Threats made against Government Officials;

  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negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;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 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.

Fequently Asked Questions

Why National Criminal Lawyers?

There are three reasons to choose National Criminal Lawyers:

1. Your best chance to get the result you’re after

We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. This is also done without breaking your pocket.

2. How a Senior Defence Lawyer Can Help You Deal With Criminal Charges

No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.

3. National Criminal Lawyers are the best defenders of your rights

At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights. This true not only when the police have just simply got it wrong OR if they have got it right then we can speak with you and make sure you get you the best result available.

If you have been charged with any Threats made against Government Officials offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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