These are the three most common threat charges:
- Utter Threat To Cause Bodily Harm –
Threatening Bodily Harm Section 264(1) (a)Criminal Code of Canada
- Utter Threat To Cause Death –
Threatening Death Section 264(1) (a) Criminal Code of Canada
What the Criminal Code says about Utter Threats
Criminal Code: Section 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.
Punishment for Utter Threats
(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 five 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.
Defending Utter Threats
Threatening charges most often arise in cases of conflict between individuals; domestic relationships, neighbor disputes, workplace altercations etc.
In these cases there must be a reasonable apprehension that the threat will be carried out. An idle threat, does not support a conviction.
Uttering threat charges can be difficult to prove as they are often merely just the word of the complainant with no other evidence. The case reduces to “she said” vs. “he said” and cannot support a finding of proof beyond reasonable doubt.
We can negotiate a withdrawal of the charge
As defence counsel we often negotiate a withdrawal of the charge. Sometimes this is accomplished with the completion of an anger management program. If you are being investigated, or under If you are being investigated, or under arrest it is recommended that you consult a lawyer as soon as possible. You have the right to remain silent and it is often (but not always) in your interest to exercise that right
At Daley, Byers – Defence Counsel, we have had extensive experience defending these threat charges.