"Uttering Threats Cause Death or Bodily Harm"

s. 264.1(1)(a) of the Criminal Code of Canada

You may be surprised that simply threatening someone can get you arrested and charged. We can all recall situations when we've stated we were going to "kill" someone or "beat up" someone. "Uttering threats" charges are often laid in conjunction with domestic assault or simple assault situations. Call Song Criminal Defence and get the information and help you need to beat your charges.

Criminal Code of Canada, s. 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;"

What the Crown Needs to Prove Beyond a Reasonable Doubt

1. Identity of the Accused
2. Date and Time of Offence
3. Jurisdiction
4. Accused "utters, conveys, or causes any person to receive" a communication
5. Communication makes understood a threat to "cause death or bodily harm to any person"
6. Communication of threat is mean to be taken seriously
7. Complainant received the threat

Sentencing on Conviction | "Punishment"

1. Criminal Record: An Uttering Threat Cause Death or Bodily Harm conviction will result in a criminal record.
2. There are no mandatory minimums for Uttering Threat Cause Death or Bodily Harm convictions.
3. On summary conviction, the maximum penalty is jail for a period not exceeding 2 years less a day and/or a $5000 fine.
4. On conviction by indictment, the maximum penalty is jail for a period not exceeding 5 years.
5. Potential DNA Order.
6. Potential Weapons Prohibition Order.
7. Non-communication order between the Accused and the Complainant.
8. Non-attendance order between the Accused and the Complainant.
9. Potential forfeiture of weapons or firearms.
10. Potential Victim Fine Surcharge.

Obviously, we cannot comprehensively cover how these consequences may impact your unique situation on this page. Call us and speak to a lawyer immediately or reach out to us to set up a free in-person consultation to completely understand your situation, the consequences you may face, and to develop a plan of action to beat your charges.