Uttering Death Threats or
Threatening Bodily Harm
This article
is a brief and general
overview reviewing legal
information about uttering
threats in Toronto,
Ontario. Those looking for
advice on uttering threats charges should
consult a
criminal lawyer.
What is the
definition of a threat?
The definition of uttering threats is found in the
Criminal
Code
at section 264.1.
Generally anyone can be charged with
uttering a threat if they utter,
convey or cause 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 if the
threat isn't said directly to the
intended target, but to a third
person?
The
accused need not utter the threat
directly to the intended victim to
be found guilty. Furthermore, when
the accused does not utter the
threat directly but rather threatens
to harm the intended victim to a
third person, it is not a valid
defence to argue that the accused
did not intend that third person to
communicate the threat to the
intended victim for the crime to be
established. Indeed, it is not even
necessary for the intended victim to
be aware of the threat in order to
be found guilty of the offence.
What is
required to establish a threat in
law?
The Crown must prove
that the accused knowingly made the
threat and that he/she intended the
threat to be taken seriously so as
to produce a reaction of alarm or
fear in the mind of the recipient.
What if the
recipient of the threat did not take
the threat seriously?
In law, all that is required is that
the person making the threat
intended the threat to be taken
seriously. The fact that the person
receiving the threat was not
intimidated or scared does not
constitute a defense to the charge
of uttering threats.
What
if it was threat was
impossible to carry out?
Even in a situation
where the accused makes a threat
he/she could not carry out i.e.: " I
will drop you from the top of the
C.N. Tower", he/she may still be
found guilty of the offence. The
central focus for the Judge in
deciding whether or not a threat was
made will be on the maker's
intention when the words were
uttered (was it meant to be taken
seriously so as to produce a
reaction of alarm or fear in the
mind of the recipient) - not on the
present ability to carry out the
threat.
It is important to remember that
every allegation of threats is a
fact specific inquiry. Consulting a
lawyer will assist you with
identifying potential defences to
this type of allegation. Call
me at
416.297.7200
for a free
consultation about your case.
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