A threat to kill under s 338B of the Criminal Code (WA) falls into the worst category of its kind where the threat is made against a young child, in the context of prior violent and sexual offending, and the offender takes steps to actually carry out the threat. In such cases, a starting point of 6 years (or even the maximum of 7 years) is appropriate, with limited discount for a guilty plea given the seriousness of the offence. The existence of an intention to carry out the threat, and steps taken to execute it, are aggravating factors relevant to sentence even though the offence itself does not require such intention.
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