February 18, 2012
Charged With Uttering Threats In Canada?
Those charged with uttering threats as defined in s. 264.1 of the Criminal Code of Canada, should immediately start thinking about hiring a criminal lawyer. An experienced Toronto Criminal Lawyer will be able to explain to the charged person their legal interests as well as help put together a strategy to best deal with the criminal charge.
In order to prove the charge against the individual the Crown Attorney will have to prove a number of different things.The Crown must first prove beyond a reasonable doubt that the individual uttered or otherwise communicated the threat.They must then prove that the person making the threat intended to threaten or intimidate the receiving party. Thus, comments made in jest should not result in a finding of guilt.It is inconsequential to the court whether the threat was actually taken seriously.To prove the charge it does not matter whether the person who uttered the threat had any intention for it to be carried out. What matters is if the person making the threat intended for it to be taken seriously. In assessing the threat the court will use a reasonable person standard.A court will look at the circumstances of the threat and come to a determination whether it would be seen as a threat by a reasonable person.
Sentencing for those found guilty of uttering threats will vary based on the circumstances of both the offence and the individual who has been found guilty. A court will consider these circumstances combined with the principles of sentencing as well as any aggravavating and mitigating circumstances which may be present.
Often charges of uttering threats occur in the domestic context, thus a Toronto Domestic Assault Lawyer may be helpful. It is also possible the individual will be offered to complete the PARS program; in such cases this blog post should be consulted.
Filed under Legal Recruiters by Anne