Uttering threats can take many different forms under our current laws in Canada. The Criminal Code of Canada defines threats in very broad terms but the most common police charges for threats are the charges of “Uttering Death” and “Uttering Bodily Harm”.
A person can be charged of uttering threats if he knowingly utters, conveys or causes any person to receive a threat. The threat must be serious, there does not have to be a motive for the threat and the accused does not have to have the means of carrying out the threat. The threat itself could take many forms. For example the threat could be to cause physical harm or death to a person. The threat could also be to damage, burn or destroy personal or real property.
Uttering Threats under the Criminal Code of Canada
The Criminal Code of Canada – Definition of Utter Threats
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 on Conviction – Uttering Threats
Uttering threats is a hybrid offence which means the Crown can proceed by indictment, or summarily. Each can carry a different prison term if a conviction is found. If the threat is to cause bodily harm the penalty, if the Crown proceeds by indictment, could be imprisonment for up to five years (18 month if proceeded summarily). If the threat is to a person’s personal, real or animal property, and the Crown proceeds by indictment, then the penalty is imprisonment for up to two years.
What could Capulli Law do for you?
If you are faced with a charge of uttering threats speak to one of our experienced Vaughan criminal lawyers. If a threat is found to be of a serious nature, the consequences may be very serious not only to yourself, but also to your family and your livelihood. Having a criminal record may affect your work, your immigration status, your reputation, your family and your personal freedom. This is why it is crucial that you hire a Vaughan criminal lawyer that has experience in defending charges of “Uttering Threats”. At Capulli Law, our Vaughan criminal lawyers have the skill and dedication to get you a favourable result. We will keep you informed every step of the way and put your needs first. One of our Vaughan criminal lawyers would be happy to meet with you to discuss your case. Contact us today at (647) 504-6878 for a free, no obligation consultation.