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Jessica
Consultant
TK Legal, Expert
Hello dear !
Yes, in fact, he can.
Just because you have made a threatening statement, it does not mean you are guilty. If you make the threat in self-defence or in the prevention of crime you may have a defence of lawful excuse. Whether any threat made was reasonable in the circumstances will be a matter for the magistrates or jury. Equally, a comment made in temper or jest, with no intent to make anyone fear it would be carried out, would not be an offence.
Statements that are stated in a joking, or non serious way are not sufficient to gain a conviction for a threats charge. The threat needs to be made in a way that is intended to be taken seriously by the victim. The context in which the statement was made thus becomes critical to the defendant's case. If the threat is made along with an assault, or during a fight or domestic incident, it can be a difficult burden to prove the statement was not intended to be taken seriously.
If you have made the statement to a third party and if the third party merely misinterprets your statement, then that can be a defence too. But, as I said it will all depend on the evidence.
TK Legal, Expert
I hope that helps. I would appreciate if you could take just a second to provide a 5 star rating (at the top right of your screen). I'll be credited by Just Answer for my time spent responding to your question for which I'd be very grateful.If you need anything further, I am available for a follow up at no extra cost.
TK Legal, Expert
That is not a threatening statement. You are sharing your feelings to someone. You did not say anything to person A without any intention to make Person B fear or the group of people fear that your threat would be carried out. Your state of mind when you made the threat is important. Whether you intend to do the threatening act is the main key.
TK Legal, Expert
TK Legal, Expert
If someone meant to act upon on it, then it will be a problem. If someone did not mean, then they can say they were joking. Otherwise, everyone would say "I was joking, I did not meant that". It will all depend on the evidence. What you said, how you said, the background of it.