Uttering Threats
As in all criminal cases, entering a plea of guilty to a charge of Uttering Death or Uttering Bodily Harm can have profoundly serious consequences. Having a criminal record may effect your work, your immigration status, your reputation, your family and your personal freedom.
If you are facing a charge of Uttering Threats in Toronto, Oshawa, Newmarket, Brampton, or throughout Southern Ontario, the Law Office of Norm Stanford can help. Call the office to speak to Norm Stanford directly about your Utter Threats charge at (416) 420-6107. Consultations are always free.
Uttering threats charges can take many different forms. The two most common ones appearing in police charges are Uttering Death and Uttering Bodily Harm. These charges often result from allegations of incidents involving partners in domestic situations, assaults outside of domestic situations, messages sent by cell phones, instant messenger, Facebook, or telephone calls.
What Must the Crown Prove to Convict Me?
To convict someone of Uttering Threats, the Crown prosecutor must show that the threat was made knowingly — that the person who is accused of making the threat was aware of the meaning of the words and what they convey. The threat must also have been made seriously. Proof of the charge does not require a motive, nor does it require that the person making the threat was capable of carrying it out.
What about Conditional Threats?
Certain convictions for Uttering Threats have been achieved even when the threat that is made is in the conditional – “If you don’t stop it, I will hurt you.”
What does the Criminal Code of Canada say?
Under cc. 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.
What is the possible punishment for Uttering Threats?
Under subsection (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.
In addition to prison time, note that there may be other consequences for a conviction for a charge of Uttering Death or Uttering Bodily Harm. These consequences are further explained at the link above, and may include deportation for non-citizens, and issues regarding employment and travel.
Are there defences to Uttering Threats?
There are many defences available to a charge involving Uttering Death or Uttering Bodily Harm. These defences often focus on the identity of the person who is alleged to have made the threat, the seriousness of the threat, and the context in which it was made. Toronto Criminal Lawyer Norm Stanford has handled many charges involving Uttering Threats and is available to provide a free consultation for your criminal matter.
