TORONTO THREATENING DEATH LAWYER

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TORONTO THREATENING DEATH LAWYER

The allegation of uttering a death threat generally involves the threat to kill another. When prosecuting these allegations, the court will assess whether the words were intended to convey a threat of death or bodily harm. The threat need not necessarily be uttered directly to its target. Further, it is not necessary for the complainant to believe that the alleged threat would be fully executed.

We vigorously defend a range of threats in different contexts. We frequently observe these allegations arising in the context of heated disputes, sometimes domestic, between law abiding citizens. We also handle these allegations arising in the context of other charges being pursued by police.

A conviction of uttering threats of this nature has profound relationship, employment and travel consequences. We thoroughly analyze police and witness evidence in developing the strategy for your defence.

Frequently Asked Questions

What is a Threat?
What is the Definition of a Threat?
What about Threats to Animals or Birds or Another Person?
What is Threatening Death?
What is required for a Conviction of Threatening Death?
What are some of the Penalties for a Conviction of Threatening Death?
What are the Consequences for a Conviction of Threatening Death?

What is a Threat?

Uttering threats is governed by section 264.1(1) of the Criminal Code which provides every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat to cause death or bodily harm to any person; to burn, destroy or damage real or personal property; or to kill, poison or injure an animal or bird that is the property of any person.

What is the Definition of a Threat?

Threats can encompass a wide range of potential conduct. In its simplest form, a threat charge can arise because someone reports to the police that another individual made a verbal comment to them that was threatening. Section 264(1) sets out that criminal charges will arise for uttering threats if a person utters, conveys or causes any person to receive a threat:

  1. To cause death or bodily harm to another person;
  2. To burn, destroy or damage real or personal property; or
  3. To kill, poison or injure an animal or bird that is the property of any person.

Therefore, a threat can be any verbal comment, any action or an intended act that causes a message to be passed on to another individual that deals with one of the above listed subject matters.

What about Threats to Animals or Birds or Another Person?

A person can be charged under section 264.1(1) of the Criminal Code for threatening to kill, poison or injure and animal or bird that belongs to another person.

What is Threatening Death?

Threatening death is a specific type of threat that is covered under Section 264. As outlined above, the threats provision covers a wide range of conduct and types of potential threats.

Threatening death is a specific enumerated type of threat, listed under Section 264(1)(A), which makes it a criminal offence to utter, convey or cause any person to receive a threat to cause death to that person.

What is required for a Conviction of Threatening Death?

In order to convict an accused of threatening death the Crown must prove that:

  • The accused uttered, conveyed or caused;
  • A person to receive a threat;
  • To cause death to that person; and
  • The accused intended to make that threat.

Since threatening death is a crime under the Criminal Code, it requires the Crown to prove both the guilty act and that the accused intended to commit that act. There are three elements to the guilty act: the utterance; a person receiving it; and it being a death threat. The burden is on the Crown to prove all of these elements beyond a reasonable doubt.

What are some of the Penalties for a Conviction of Threatening Death?

Penalties for a conviction of threatening death will vary depending on the specific circumstances of the offence, the characteristics of the offender and complainant and the presence of any aggravating or mitigating factors.

Section 264 of the Criminal Code sets out that a conviction of threatening death can result in a penalty of up to five years imprisonment when the Crown proceeds by indictment.

What are the Consequences for a Conviction of Threatening Death?

Beyond the employment and social consequences, a person convicted of threatening death can be subject to fines, probation and liable to a term of incarceration up to five years. There are also significant travel and immigration consequences associated with this type of conviction.

We have experience dealing with threats in a number of contexts. We frequently observe these allegations arising between good, law abiding citizens, who are unexpectedly involved in spontaneous or impulsive disputes.

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