Uttering Threats Charges in Saskatchewan — Did you intend for the words to be a threat?
By: Linh Pham, LL.B (hons), Criminal Defence Attorney
Merchant Law Group LLP, Regina, Saskatchewan
What is the Criminal Code section for uttering threats?
Under s. 264.1 (1) of the Criminal Code of Canada — — a person who, in any manner, knowingly utters, conveys or causes any person to receive a threat, is guilty of the offence of uttering threats.
The Criminal Code recognizes 3 types of threats.
1. Threats to cause death or bodily harm to any person;
2. Threats to burn, destroy or damage real or personal property of any person;
3. Threats to kill, poison, or injure an animal or bird that is the property of any person.
What must the Crown prove?
The Crown must prove, beyond a reasonable doubt:
1. the identity of the Accused;
2. that the Accused uttered words and the words conveyed a threat;
3. and that the words were meant to be seriously taken as a threat.
What is the sentence for uttering threats?
If you are convicted of uttering threats — you could have a CRIMINAL RECORD.
This may affect your employment, ability to get a new job, or affect your ability to travel.
In addition, depending on the circumstances and your criminal record, you could be looking at probation or a custodial sentence.
Are there defences to this criminal charge?
Possible defences to uttering threats include “puffery” — or that the words conveyed were not intended to be taken seriously.
If you are facing criminal charges like uttering threats, domestic assault, sexual assault, or another offence under the Criminal Code, it is very important that you call a criminal defence attorney right away.
Your rights may affected and it is necessary for you to have an experienced and competent criminal defence lawyer to provide you with legal advice and explore your legal options.
Linh Pham regularly make appearances at the following cities and towns:
Assiniboia, Broadview, Canora, Carlyle, Esterhazy, Estevan, Indian Head, La Ronge, Lloydminster, Fort Qu’Appelle, Melfort, Moose Jaw, Moosomin, Nipawin, North Battleford, Prince Albert, Punnichy, Weyburn, Saskatoon, Swift Current, Wynyard, and Yorkton.
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The information provided on this page is for education purposes only and is not intended to be relied upon as legal advice.
If you need legal advice, contact a lawyer like Linh Pham. Call: 306–502–5987