Criminal Code of Canada Uttering Threats
Introduction
The Criminal Code of Canada is federal criminal law legislation that applies throughout Canada – in each province and territory.
One of the offences in the Criminal Code of Canada is Uttering Threats, which is the focus of this article.
If you’ve been charged with the Criminal Code offence of Uttering Threats in Ontario, Canada, contact an experienced Uttering Threats lawyer at this website HERE.
What Section of the Criminal Code Contains the Offence
Section 264.1(1) of the Criminal Code of Canada contains the offence of Uttering Threats.
What Is “Uttering Threats” According to the Criminal Code
According to the Criminal Code of Canada, Uttering Threats occurs where someone, “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
What is the Punishment for Uttering Threats
According to s. 264.1(2) of the Criminal Code of Canada, anyone found guilty of the above is liable to a prison term of up to 5 years of the Crown proceeds by indictment, or 2 years less a day if the Crown proceeds summarily. There is no minimum sentence, which means that the lowest possible punishment is a Discharge.
What does the Crown have to Prove
To be liable for the Criminal Code of Canada Uttering Threats charge, the Crown needs to prove:
- A threat was made
- The threat related to causing death or bodily harm to another person
- The threat was meant to intimidate or to be taken seriously
Criminal Code of Canada Uttering Threats Lawyer – Andrew Captan
If you’re facing an Uttering Threats charge in Ontario, Canada, contact an experienced Toronto Criminal Lawyer to assist with your case at (647) 878 – 6355 or e-mail him at andrew@captanlaw.com
