Utter Threat Cause Bodily Harm Charge
If you have been charged with “Utter Threat Cause Bodily Harm” you should speak with our criminal defence lawyers. There are a number of possible defences and these cases are often difficult for the Crown to prove. In addition, there are a number of possible negotiated resolutions short of a trial that can result in the charge being withdrawn.
Below is some information on the charge and what you should do about it.
Utter Threat to Cause Bodily Harm s. 264.1(1) Criminal Code
264.1 (1) 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.
(2) Every one who commits an offence under paragraph (1)(a) is guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding fire years; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
(3) Every one who commits an offence under paragraph (1)(b) or (c)
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
Talk to a criminal lawyer if you’ve been charged
Each and every case must be analyzed on its own particular facts. Your case is unique. That being said, with our extensive experience we have seen most everything and we will know how to best plan your defence. Depending on circumstances we will often attempt to have the charge withdrawn right off the get go so as to avoid the stress of the trial process. This charge can be difficult for the Crown to prove. Sometimes the complainant is uncooperative or reticent, in other cases the complainant is just not believable. At trial the court must be satisfied beyond reasonable doubt. This is extremely difficult in a credibility contest – ie. he said/she said contest. In fact the law states that even if the accused is not believed, the Court must still be satisfied beyond reasonable doubt on the whole of the evidence the offence occurred. At Daley Byers, we have won many cases as a result of our cross examination of the complainant leaving the Court in a state of doubt.
- criminal record
- jail or fine
- restriction on communication and contact with the complainant
- travel restrictions
- criminal record checks for employment
- firearm restrictions
Talk to our team and we will help you. We’ve successfully fought these cases and have negotiated positive outcomes for our clients. We will work together with you, and plan the best criminal defence for your case.