South Australian Numbered Acts

STATUTES AMENDMENT AND REPEAL (AGGRAVATED OFFENCES) ACT 2005 (NO 62 OF 2005) - SECT 6

6—Amendment of section 19—Unlawful threats

        (1)         Section 19(1) and (2)—delete subsections (1) and (2) and substitute:

        (1)         A person who—

            (a)         threatens, without lawful excuse, to kill or endanger the life of another; and

            (b)         intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused,

is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 10 years;

            (b)         for an aggravated offence—imprisonment for 12 years.

        (2)         A person who—

            (a)         threatens, without lawful excuse, to cause harm to the person or property of another; and

            (b)         intends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused,

is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 5 years;

            (b)         for an aggravated offence—imprisonment for 7 years.

        (2)         Section 19—after subsection (3) insert:

        (4)         In this section—

"harm", in relation to a person, has the same meaning as in section 21.