In prosecutions under s 338A(d) of the Criminal Code (WA), the trial judge must give the jury adequate guidance on the meaning of 'threat' beyond merely reading the statutory definition, and must impress upon the jury the centrality of the intent to 'compel' (as distinct from 'persuade'). A statement of intention to do something one is lawfully entitled to do is not caught by s 338A. Evidence of a complainant's self-serving statements to third parties about their reasons for complying with an alleged threat is inadmissible.
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