Uttering Threats
If you’re being charged with uttering threats, don’t make the mistake of navigating the criminal justice system alone.
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Handled improperly, accusations of uttering threats can lead to jail time, fines, probation, reputational damage and a criminal record, impeding your ability to travel and secure gainful employment. But charges of uttering threats can be won. Pender Litigation is specially equipped to examine the circumstances of your case and launch a tactical defence.
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What is Uttering Threats?
Uttering threats describes the act of knowingly communicating or otherwise causing someone to receive a threat to kill or hurt them or an animal belonging to them, or to damage or destroy their property.
For a conviction of uttering threats to be made out, the Crown must only prove that you knowingly uttered the threat and that you intended it to be taken seriously by the victim — regardless of whether or not they were intimidated or even aware of the threat. Indeed, the threat needn't be made directly to the victim, nor does it even need to be known to them.
As charges of uttering threats are often laid at the same time as domestic assault, criminal harassment and other domestic-related charges, they are commonly handled by a specialized unit within Crown Counsel offices and, in some jurisdictions, courtrooms specifically designated for domestic cases.
Uttering Threats in the Criminal Code of Canada
Regarding uttering threats, section 264.1 of the Criminal Code states
264.1(1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
- to cause death or bodily harm to any person;
- to burn, destroy or damage real or personal property; or
- to kill, poison or injure an animal or bird that is the property of any person.
Punishment
(2) Every one who commits an offence under paragraph (1)(a) is guilty of
- an indictable offence and liable to imprisonment for a term not exceeding five years; or
- an offence punishable on summary conviction.
Idem
(3) Every one who commits an offence under paragraph (1)(b) or (c)
- is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
- is guilty of an offence punishable on summary conviction.