Why Uttering Threat is Not a Good Idea Especially in Canada?
Your Filipino Criminal Lawyer would tell you that uttering threats against someone in Canada is considered a serious offence and is an act of assault. Assault does not just mean you have to physically be in contact with someone you had a fight with, threatening a person that would make them feel like their lives are endangered or for making them feel cautious that their safety is on the line is considered as an assault. For instance, if you had an argument with your neighbour and you threatened your neighbour that you will kill her, that would be an assault. Uttering threats is defined under the Criminal Code as knowingly uttering, conveying, or causing any person to receive a threat.
Conviction For Uttering Assault
The court must first determine whether the alleged threat was in fact made.
A person will be found guilty of uttering threats when the Crown proves the following elements beyond a reasonable doubt:
- A threat was made. In order to determine whether the utterance or gesture truly constitutes a threat, an objective assessment will be made from the perspective of a reasonable bystander. That is, the court will consider whether a reasonable person who was fully aware of the circumstances in which the threat was made would perceive it to be a threat of death, bodily harm, or a threat to that person’s property; and
- When you made the threat, you intended the threat to intimidate or to be taken seriously. When assessing intention, it will be looked at with reference to your subjective intention at the time you made the threat. In order to establish your subjective intention, the Crown can draw inferences from the surrounding circumstances, like how others who heard it perceived the threat, or whether you were fighting or joking around with the complainant at the time of the offence.
The punishment for uttering threats to cause bodily harm or death to a person is punishable either as a summary offence in less serious cases or as an indictable offence in extreme cases. The maximum punishment for an indictable conviction for uttering threats is five (5) years in prison.
DEFENCES
As said, from before the prosecution has to prove the mens rea element of the offence. That is, they must prove to the court that the accused meant what they said and intended them to be taken seriously or to intimidate a person.
If you are faced with a charge of uttering threats, you can have different valid defenses, according to your particular case and your circumstances. Most of these defenses focus on the identity of the person who allegedly made the threat, how serious the threat was, as well as the context of the threat.
Do not enter a guilty plea to a charge of uttering threats easily. The consequences may be very serious not only to yourself but also to your family and your work. The criminal justice system does not take lightly those who are processed under it.
DEFENCES
As said, from before the prosecution has to prove the mens rea element of the offence. That is, they must prove to the court that the accused meant what they said and intended them to be taken seriously or to intimidate a person.
If you are faced with a charge of uttering threats, you can have different valid defenses, according to your particular case and your circumstances. Most of these defenses focus on the identity of the person who allegedly made the threat, how serious the threat was, as well as the context of the threat.
Do not enter a guilty plea to a charge of uttering threats easily. The consequences may be very serious not only to yourself but also to your family and your work. The criminal justice system does not take lightly those who are processed under it.
It is important to get an expert criminal lawyer to counsel you when faced with a charge of uttering threats. Once retained, our Filipino Criminal lawyer will endeavor to prove your innocence or come up with a plea arrangement that would benefit you otherwise. It is to your advantage to hire an experienced criminal lawyer, sooner rather than later, in any circumstances, if you are charged with a crime. Your Filipino Criminal lawyer in Toronto will examine the events leading to the charge of uttering threats and will make sure that your rights under the Canadian laws have not been breached. For more information, get in touch with our Angeles & de Jesus Law LLP team at 160 Eglinton Avenue East, Suite 406, Toronto, ON, or via phone at +1 (416) 409-5991 or email us at info@ajlawpartners.ca for your FREE INITIAL CONSULTATION. You can also visit our website https://www.ajlawpartners.ca/ for more information about the services we offer.
REFERENCES:
It is important to get an expert criminal lawyer to counsel you when faced with a charge of uttering threats. Once retained, our Filipino Criminal lawyer will endeavor to prove your innocence or come up with a plea arrangement that would benefit you otherwise. It is to your advantage to hire an experienced criminal lawyer, sooner rather than later, in any circumstances, if you are charged with a crime. Your Filipino Criminal lawyer in Toronto will examine the events leading to the charge of uttering threats and will make sure that your rights under the Canadian laws have not been breached. For more information, get in touch with our Angeles & de Jesus Law LLP team at 160 Eglinton Avenue East, Suite 406, Toronto, ON or via phone at +1 (416) 409-5991 or email us at info@ajlawpartners.ca for your FREE INITIAL CONSULTATION. You can also visit our website https://www.ajlawpartners.ca/ for more information about the services we offer.
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