The lawyers at Stern Shapray have extensive experience representing clients charged with Uttering Threats and reaching favourable outcomes for them. It is vital that one charged with this offence seeks out the legal advice of an experienced criminal lawyer in order to put forth the best possible defence(s) before the Court or pursue alternate ways to resolve the matter without going to trial.
When assessing whether to hire a lawyer when charged, it is important to first be aware of the legal consequences in the event one is found guilty of Uttering Threats. The ultimate sentence one receives will depend on the specific subsection under which they have been charged.
If charged and found guilty under section 264.1(1)(a) (i.e., threat to cause death or harm), the accused will not be subjected to any statutory minimum sentence. If the charge is prosecuted summarily, the maximum jail sentence an accused can receive is 2 years less a day, with or without a fine of $5000. If the charge is prosecuted by indictment, the maximum jail sentence an accused can receive is 5 years.
If charged and found guilty under sections 264.1(1)(b) or (c) (i.e., threat to damage property or harm animal), the accused again will not be subjected to any statutory minimum sentence. If the charge is prosecuted summarily, the maximum jail sentence an accused can receive is 2 years less a day, with or without a fine of $5000. If the charge is prosecuted by indictment, the maximum jail sentence an accused can receive is 2 years.
Less extreme forms of sentence are available under both summary and indictable proceedings for all subsections, such as absolute discharge, suspended sentence, fine with or without probation, intermittent sentence, and conditional sentence. That being said, the ultimate sentence imposed on an accused will largely depend on the circumstances of their case.
Elements of Uttering Threats
For an accused to be found guilty of Uttering Threats, the Court must be satisfied beyond a reasonable doubt that each of the following requirements has been met:
- The accused uttered, conveyed, or caused the complainant to receive a threat of:
- Death or bodily harm to any person;
- Damage or destruction to the real or personal property of any person; or
- Death, poisoning or injury to an animal or bird that belonged to any person, and
- The accused knowingly did so.
There are various ways in which charges of uttering threats can be defended. This is ideally accomplished by raising a reasonable doubt toward one or more required elements of the offence, such as:
- identity of the accused,
- whether or not the accused actually engaged in the alleged threatening conduct,
- whether or not the alleged act(s) amounted to a threat,
- whether or not the accused made the threat(s) with the intention to intimidate or for it to be taken seriously by the recipient of the threat, or
- the truthfulness of the complainant’s allegations.
For reference, the offence of Uttering Threats is outlined in the Criminal Code as follows:
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.
(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.
(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.
Are you facing charges of uttering threats? Are you under investigation? Speak to a Vancouver and Surrey criminal lawyer as soon as possible. We know the system. We get results. Call us immediately. The sooner you contact us, the sooner we can get started. We will defend you against these drug possession charges.
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