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Utter Threat Charges: Alleged Breach of Section 264.1 of the Criminal Code
Question: What are the potential penalties for uttering threats in Canada?
Answer: The penalties for a charge of uttering threats can be severe, depending on the nature of the threat; an indictable offence carries a maximum of five years imprisonment while a summary conviction can result in up to two years less a day in jail. If you are facing such charges, it is crucial to consult with David Oake, Barrister (o/a MuskokaCriminal.Law™) for skilled legal guidance tailored to your situation. Having a dedicated Criminal Defence Team can make a significant difference in your defence strategy.
Understanding the Criminal Charge of Uttering Threats Including Potential Penalties and Available Defence Strategies
The criminal offence of uttering threats is known as a hybrid offence meaning that the prosecution of an uttering threats charge may proceed as an indictable offence and therefore as a very serious matter that may result in imprisonment for a maximum of five (5) years depending upon how the threat was made, who or what the threat was directed towards, and the consequences that occurred, if any, as a result of the uttered threat. Alternatively, an uttering threats charge may proceed as a summary conviction offence where the maximum imprisonment is two (2) years less a day. Where a charge of uttering threats is brought, the context of the alleged threat and therefore whether any genuine threat was truly uttered requires careful review. There are various defence strategies that may be available and applicable when defending an uttering threats charge.
The Law
The conduct that may give rise to an uttering threats charge is prescribed at section 264.1(1) of the Criminal Code, R.S.C. 1985, c. C-46, wherein it is said:
Uttering threats
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.
Interestingly, a person may be charged with uttering threats without even uttering the threat directly towards the targeted person. A threat uttered about a targeted person that is heard by a person other than the targeted person is enough to result in an uttering threats charge. In fact, the targeted person towards whom the threat was uttered may be without any knowledge whatsoever that a threat was even made.
Potential Penalties
The potential penalties upon conviction on a charge of uttering threats are quite serious. The potential penalties are dependant upon the nature of the specific threat and are prescribed within section 264.1(2) of the Criminal Code where it is said:
Punishment
(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.
Idem
(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.
Available Defence Strategies
The definition of what actually constitutes as an uttered threat requires careful analysis. Diligent legal counsel will review the, allegedly, threatening words and provide appropriate defence strategy advice to the accused person. The specific defence strategies that will be available, meaning logically applicable, to the defence of an uttering threats charge will depend upon the specific utterances involved.
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Conclusion
The charge of uttering threats may involve a penalty of up to five (5) years in jail if prosecuted as an indictable offence or up to two (2) years less a day in jail if prosecuted as a summary conviction offence. Other potential consequences may also arise. A strong defence strategy to aggressively defend an uttering threats charge is well warranted.