Adam Goodman - Toronto Criminal Lawyer - Uttering Threats
The offence of uttering threats is defined in s. 264.1(1) of the Criminal Code of Canada: Every one commits an offence who, in any manner, knowingly utters, conveys, or causes any person to receive a threat a) to cause death or bodily harm to any person; b) to burn, destroy or damage real or personal property; or c) to kill, poison or injure an animal or bird that is the property of any person.
Except in cases were the words uttered were spoken in jest or were meant to have an "innocent" meaning, it does not matter whether the person the threat was made against took it seriously or appreciated that they were being threatened (they don't even need to be aware that the threat was made). Likewise, the person uttering the threat need not have had any intention to carry out the threat. The question is whether the threat was meant to intimidate or be taken seriously. Like any case, the Crown must prove, beyond a reasonable doubt, all of the essential elements of the offence.
The charge of uttering threats is often laid in a domestic context. This involves an allegation of uttering threats by one individual against the other party in a domestic relationship (marriage, common-law, romantic relationship, etc.). In some Toronto courthouses, domestic assaults (as well as other criminal charges in a domestic context) are prosecuted by a special team of Crown Attorneys. Please see my FAQ on domestic charges.
Sentencing for uttering threats, like any sentencing case, will vary based on the aggravating and mitigating circumstances of both the offence and the offender. Sentences can range from an absolute discharge to, in the case of a threat of death or bodily harm, a maximum of five years in the penitentiary.
Having an experienced criminal lawyer on your side who understands what the Crown must prove as well as any potential defences to the charge will help protect your rights in court. Adam Goodman has experience defending those charged with criminal offences in Toronto, York Region (Newmarket courthouse), and Peel Region (Brampton courthouse), and elsewhere in the Province of Ontario. Contact Toronto Criminal Lawyer Adam Goodman today at 416-477-6793.
