When the element 'threatens to cause injury' under s 119B of the Criminal Code (Qld) is in contention, the trial judge must direct the jury to consider the tone and circumstances in which the words were uttered, and that words which literally amount to threats are frequently made in jest or temper and may not be intended to be taken seriously. This obligation arises regardless of how defence counsel conducts the trial or whether a specific direction is requested.
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