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Threat to kill

There are three parts of this offence for you to consider.

1.      made a threat to kill  As a matter of law, saying  "I am going to kill you.", as the prosecution allege D** to have done is a threat to kill. 


2.      intending that C** would fear that the threat would be carried out  So, this raises the question of whether the defendant intended C** to take the threat seriously.  What is important is not the state of C**’s mind - what she felt - but what was in the defendant's mind.  


3.      without lawful excuse - e.g. self defence or to prevent a crime.  The defendant’s case is that he did not make that threat.  It is not his case that, in relation to Count *, he was acting in self defence,  So,  it does not apply in this case and you do not have to consider those words.


So, having regard to all of the evidence and the directions which I give you, there are two questions for you to answer in relation to Count *.

Are you sure that the Defendant told C** "I am going to kill you"?

Are you sure that the Defendant intended her to fear that the threat would be carried out?

If the answer to both these questions is "yes", the defendant is guilty of this count.  If the answer to either question is “no”, the defendant is not guilty of this count.


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