Criminal Law
Uttering Threats
Criminal Law
Uttering Threats
If you are facing serious criminal charges, such as uttering threats, that could lead to imprisonment upon conviction, you need to get in touch with our criminal defence team immediately for legal assistance. At Nanda and Associate Lawyers, our criminal defence team has more than two decades of excellent track record of helping our clients in fighting such criminal charges laid against them.
Under the Criminal Law, apart from the pursuit of justice for the victims, it is the duty of the Crown to ensure the safety and security of the public. This is especially the case when offences like uttering threats are committed. Even if the accused never commits the acts mentioned in the threats, the Crown is duty-bound to pursue the criminal charges against the accused, keeping the safety of the public in mind.
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What constitutes the offence of uttering threats?
The offence of uttering threats, which falls under Section 264.1(1) of the Criminal Code of Canada, is defined as an act involving any of the following.
- Threatening to inflict bodily harm or cause the death of a person.
- Threatening to damage, destroy, or burn someone’s property.
- Threatening to hurt, injure, poison, or kill an animal or bird belonging to someone.
What are the legal penalties for uttering threats?
The Criminal Code does not specify the mandatory minimum punishment for the offence of uttering threats. It is left to the Crown to decide on the degree of charges to pursue against the accused based on the aggravating factors in the case. The maximum legal penalties for the different types of offences as mentioned in the Criminal Code are the following.
- Threatening to inflict bodily harm or cause the death of a person.
- Indictable offence: A maximum punishment of imprisonment up to five years.
- Summary conviction: A maximum punishment of imprisonment up to eighteen months.
- Threatening to damage, destroy, or burn someone’s property or threatening to hurt, injure, poison, or kill an animal or bird belonging to someone.
- Indictable offence: A maximum punishment of imprisonment up to two years.
- Summary conviction: A maximum punishment of 6 months imprisonment and a potential fine of $5,000.
What are the aggravating factors to be considered?
Since it is a hybrid offence, the aggravating factors associated with the crime will be crucial for the Crown to determine whether to opt for the indictable offence or the summary conviction route. Some of the aggravating factors that might force the Crown to pursue the maximum legal penalty under the indictable offence for these charges are as follows.
- Record of similar offences in the past.
- Threats aimed at vulnerable citizens, such as the elderly, children, or the mentally disabled.
- Threat against public officials.
- Threats of extortion.
- Drug- or alcohol-related threats.
- Uttering threats while carrying or brandishing a weapon.
- The serious or disturbing nature of the content of the threat.
- Threats issued in the context of a domestic relationship, such as with a spouse, boyfriend, or girlfriend.
- Threats made in front of children.
How will the Crown prove the charges in court?
The guilty act (Actus Reus):
The Crown must prove in court that the accused indeed committed the alleged offence against the victim. In most cases, the testimony from the victim might not be enough. Other evidence, such as CCTV footage or witness testimonies, must confirm this.
The guilty mind (Mens Rea):
The Crown must also establish the accused’s intention. Here, the intention refers to the accused’s intent to threaten the victim, not the intention to commit the act of violence mentioned in the threat. The accused is likely to counter the charges by claiming that he was never serious about the threats. It is enough for the Crown to prove in court that a reasonable person would believe the threat was intended to be real.
Threshold of reasonable doubt:
Also, the above aspects of the case must be established in court beyond a reasonable doubt. Unlike in a civil case, the burden of proof is higher in a criminal case. If this threshold is not reached, the court is likely to acquit the accused on technical grounds.
How can a criminal defence lawyer help you in the case?
Your criminal defence lawyer will build a strong defence to disprove the charges laid against you. Some of the legal defences an experienced criminal lawyer would employ in such cases are as follows.
- Lack of intention: As mentioned above, in order to prove the charges against the accused, the Crown must establish the Mens Rea, or intent to intimidate the victim. Your lawyer will argue that the victim mistook it for a threat or that they were not the intended target of the message.
- Ambiguous language used: In some cases, the threat issued might be ambiguous, and the whole thing might be a case of miscommunication, especially when foreign language speakers are involved.
- Complaint lacks credibility: If there were no other witnesses at the scene to corroborate the claims of the complainant, then it would be difficult for the Crown to establish Actus Reus—that the accused indeed committed the alleged offence as claimed by the victim.
- Charter rights violations: Any Charter rights violations during the evidence collection will render such evidence inadmissible.
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If you are dealing with such serious criminal charges, do not face these charges alone. Do not hesitate to get in touch with our criminal defence team for legal support and assistance.
Frequently Asked Questions
Will I be charged when I was not serious about the threats I made?
Yes. You could be charged for uttering threats regardless of your intention to follow through on any of them. It is important to note here that the Mens Rea required to prove the charges refers to the accused’s intention to threaten the person and not whether they intended to follow through with the threats.
What is the punishment for uttering threats in Canada?
The offence of uttering threats is a hybrid offence pursued by the Federal Crown. The Criminal Code of Canada prescribes the following legal penalties for this offence upon conviction.
- Threatening to inflict bodily harm or cause the death of a person.
- Indictable offence: A maximum punishment of imprisonment up to five years.
- Summary conviction: A maximum punishment of imprisonment up to eighteen months.
- Threatening to damage, destroy, or burn someone’s property or threatening to hurt, injure, poison, or kill an animal or bird belonging to someone.
- Indictable offence: A maximum punishment of imprisonment up to two years.
- Summary conviction: A maximum punishment of 6 months imprisonment and a potential fine of $5,000.
However, there is no minimum mandatory penalty mentioned in the Criminal Code. It is left to the Crown to pursue the penalties proportionate to the committed offence.
What are the different types of threats as per the Criminal Code?
Section 264.1(1) of the Criminal Code of Canada defines the offence of uttering threats under three categories:
- Threatening to inflict bodily harm or cause the death of a person.
- Threatening to damage, destroy, or burn someone’s property.
- Threatening to hurt, injure, poison, or kill an animal or bird belonging to someone.
Do verbal threats result in assault charges?
Yes. Under the Criminal Code of Canada, assault charges are applicable in the following instances:
- When a person intentionally applies force to another person without their consent.
- When a person threatens to apply force on another person
- When a person openly wears or carries a weapon, thus intimidating or impeding another person with the implied threat to apply force.
This means that even a verbal threat to apply force on the victim could be treated as an assault rather than an offence of uttering threats, depending on the particular circumstances of the case. For example, if the threat was uttered while brandishing a weapon to intimidate the victim, the accused is likely to be charged with the more serious offence of assault.
Will I go to jail just for uttering threats?
This will depend on the particular circumstances of the case. The act of uttering threats is a hybrid offence under the Criminal Code. Depending on the nature of the offence, the implied threat of violence, the brandishing of any weapons, and the criminal record of the accused, the Crown might choose to pursue either the summary conviction or the indictable offence option against the accused. It might be possible to avoid jail time in the case of a first-time offender committing a minor offence with no aggravating factors.
Can text messages be used as evidence in court?
Yes. If the threats were issued in the form of text messages or if the accused confirmed in a text message that they had indeed verbally issued the threat, the prosecution can use them as evidence in court. However, such evidence must be obtained legally through the laid-out procedures of the law. If not, the defendant’s lawyer may approach the court requesting the disqualification of the evidence, citing Charter Rights violations. The prosecution will also have to prove the authenticity of the text messages and that they haven’t been tampered with in any way.
Is it possible for the victim to drop the charges against the accused?
No. It is not the victim but the Crown that is pursuing the charges against the accused on behalf of the victim. Even if the victim were to withdraw their allegations, the Crown does not have to drop the charges against the accused. On the other hand, in the interest of public safety, the Crown is likely to proceed with the trial. However, if the victim is not cooperating with the legal proceedings, it might be difficult for the Crown to prove the charges in court.
What are some of the common defences in an uttering threats case?
Some of the common defences against the charges of uttering threats are as follows:
- Charter Rights violations.
- The alleged remark would not be considered a threat by a reasonable person.
- Mistaken identity
- Ambiguous language led to the complainant misinterpreting the remarks
- The complainant lacks credibility
- Lack of intention behind the uttered threat. For example, the defendant was drunk or intoxicated at the time of the offence, and it was never their intention to actually threaten the complainant.
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