A person can be commit the offence of threat in many circumstances and most of the charges laid by the police are for threats are for “Uttering Bodily Harm” or “Uttering Death’. For criminal liability to exist a person merely need threaten to cause death, bodily harm or burn, destroy or damage real or personal property and the threat must have been made seriously.
The most common allegations and incidents of threats stem from, domestic relationships, non-domestic assault, Facebook, Instagram, Snapchat and other social media messages sent to another person and as a result of text messages and telephone calls.
What if I Could Not Carry out the Threat?
Even if the person making the threat has no means or ability to follow through on the threat, it will not extinguish criminal liability.
The reason behind the threat is also not a factor which is considered – having no motive to a threat will not limit liability and the police will not hesitate to lay a charge.
Section 264.1(1) Criminal Code of Canada – Uttering Threats
This section states:
Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat
- to cause death or bodily harm to any person;
- to burn, destroy or damage real or personal property; or
- to kill, poison or injure an animal or bird that is the property of any person.
Been Charged With Uttering Threats?
Pleading guilty to a charge of Uttering Threats can have long term and devastating effects on your life, family, employment and the ability to travel, as well as resulting in a criminal record. This offence is a hybrid offence and if the crown elects to proceed by indictment the maximum penalty is five years of imprisonment. There are a number of defences to threat charges and at G Law Group we will review your case and put your best defence forward.
If you require a lawyer, please call us at 905-497-7200