Australian Capital Territory Current Acts

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CRIMINAL CODE 2002 - SECT 340

Meaning of menace for pt 3.5

    (1)     A "menace" includes—

        (a)     an express or implied threat of action that is detrimental or unpleasant to someone else; or

        (b)     a general threat of detrimental or unpleasant action that is implied because the person making the demand is a public official.

    (2)     A threat against an individual is a menace only if—

        (a)     the threat would be likely to cause an individual of normal stability and courage to act unwillingly; or

        (b)     the threat would be likely to cause the individual to act unwillingly because of a particular vulnerability of which the maker of the threat is aware.

    (3)     A threat against an entity other than an individual is a "menace" only if—

        (a)     the threat would ordinarily cause an unwilling response; or

        (b)     the threat would be likely to cause an unwilling response because of a particular vulnerability of which the maker of the threat is aware.



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