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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70178
Experience:  Over 5 years in practice
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If I told my girlfriend I was going to kill her ex on a txt

Customer Question

If I told my girlfriend I was going to kill her ex on a txt n he has taken a picture of the txt n another one to prove it's her phone what wld be the possible consequences
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

How did her ex partner come to have possession of her phone?

Why were you threatening to kill her ex partner?

Would you mind writing things out in full? I find it really hard to follow text speak.
Customer: replied 3 years ago.
He went on it while she was out of the room.
I made the threat because I was jealous he was there n I thought she cared for him. So it was to hurt her feelings.
Also I have been done for arson in the past but that was over 5 years ago
Expert:  Jo C. replied 3 years ago.
Thanks.

Have you considered the possibility that she showed it to him to stir things up?

What was your exact wording please?
Customer: replied 3 years ago.
No she never she says she will delete it off her phone.
My exact wording was I'm going to kill him.
Expert:  Jo C. replied 3 years ago.
Thanks.

Its a shame he found out about this at all. I do realise that you probably don't want to be reminded of this but it really doesn't make much sense that he would check her phone unless he expected to find something. Thats probably something you would rather not consider but really should.

Its very unlikely that this would amount to a threats to kill. You will find that offence here

http://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/16

and they would have to prove that you made this threat to your girlfriend intending her to believe that you meant to carry it out. Unless she is going to give evidence against you on that point one wonders how they could prove that. Of course, she may give evidence.

A better charge would be S5 public order but this is a private dwelling so that cannot apply.

There are offences under the Telecommunications Act that cover this type of thing but they would rely upon a complaint from your girlfriend.

If you think you can trust her and this is all a mistake then I wouldn't worry about this.

If you are concerned that she may give evidence against you then the available offences are above.

Can i clarify anything for you?

Jo
Customer: replied 3 years ago.
What wld happen if she deleted the txt message wld his picture still be enough evidence?
Expert:  Jo C. replied 3 years ago.
Yes, it would I'm afraid.

Obviously she could give oral evidence against you anyway.

Customer: replied 3 years ago.
So what r the consequences if he does press charges?
Expert:  Jo C. replied 3 years ago.
Unless your girlfriend is going to give evidence it would collapse into nothing.

If she does give evidence then it still probably doesn't amount to a threats to kill

Is she likely to act against you? Is she always calling the police to domestic rows? Or can you trust her?

Customer: replied 3 years ago.
No i can trust her she won't give evidence!
Expert:  Jo C. replied 3 years ago.
If you can trust her then this is likely to get nowhere. I wouldn't worry about this.

Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you
Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.