Uttering Threats Cause Death or Bodily Harm

You may be surprised to learn that simply making a threat can lead to serious criminal charges. Many of us have said things in the heat of the moment, like “I’ll kill you” or “I’m going to beat you up,” without meaning it. However, under Canadian law, uttering threats is a criminal offence, especially when tied to situations involving domestic or simple assault. If you’ve been charged with uttering threats, Song Criminal Defence is here to help you navigate the legal process and defend your rights.

What the Crown Must Prove Beyond a Reasonable Doubt:

• Identity of the Accused: Proof that you were the person who made the threat.

• Date and Time of the Offence: The alleged threat must have occurred at the stated time.

• Jurisdiction: The offence must fall under the appropriate legal jurisdiction.

• Communication of the Threat: The Crown must prove that you “uttered, conveyed, or caused” the threat to be received by the complainant.

• Nature of the Threat: The communication must be understood as a serious threat to cause death or bodily harm.

• Seriousness of the Threat: The threat must be intended to be taken seriously by the complainant.

• Receipt of the Threat: The complainant must have received and understood the threat.

Sentencing and Consequences on Conviction

1. Criminal Record: A conviction for uttering threats will result in a criminal record.

2. Sentencing

   • Summary Conviction: Up to 2 years less a day in jail and/or a fine of up to $5,000.

   • Indictable Offence: Up to 5 years in jail.

3. Potential Orders

   • DNA Order: You may be required to provide a DNA sample.

   • Weapons Prohibition: A ban on possessing firearms or other weapons.

   • Non-communication and Non-attendance Orders: Restrictions on contact or being near the complainant.

   • Forfeiture of Weapons: Possible loss of any weapons in your possession.

   • Victim Fine Surcharge: A financial penalty applied upon conviction.

How Song Criminal Defence Can Help

Being charged with uttering threats can have significant legal and personal consequences. At Song Criminal Defence, we understand the complexities of these cases and are dedicated to protecting your rights. Every situation is unique, and we can help you fully understand the potential outcomes and develop a strategy to fight your charges.