Have you been charged with threatening to kill someone and wondering why you should be charged without actually having carried out the threat? Under Canada’s Criminal Code, knowingly uttering or conveying death threats against a person with or without the intention to actually kill that person is a criminal offence. It is also an offence to threaten to burn, damage or destroy other people’s properties. Furthermore, it is also an offence to threaten to poison, injure or kill an animal or bird that belong to other people.
If you are charged with uttering or conveying death threats, you may be prosecuted by summary conviction or by indictment depending upon the seriousness of the threat. If it is the former, which is most often the case, then the trial is held before an Ontario Court Justice and the maximum penalty if you are found guilty is 18 months’ imprisonment. If it is the latter, then you will be entitled to elect trial Judge and Jury, and the maximum penalty if you are found guilty is 5 years’ imprisonment.
In order to secure a conviction, the Crown Attorney must prove that you uttered or conveyed the threat knowingly. In other words, the Crown must prove that you were aware of the words that you were using and also that you were aware of the meanings that the words would convey. The Crown must also prove that you made the threat with intention to intimidate the recipient or strike fear into his or heart. It is not necessary to prove that you actually intended to carry out the threat. It is also not necessary to provide a motive.
However, the court may wish to know the context, circumstance and the manner in which you allegedly made the threat so as to ascertain whether the words you uttered actually constitute a threat or not. If you have a history of violence, that will work against you in the assessment. Other things that matter are whether you are capable of carrying out the threat, whether the recipient takes the threat seriously and the size disparity between you and the recipient.
For a threat to be an offence, it is not necessary to make the threat directly to your intended victim. In fact, he or she need not even be aware of the threat. As long as you have uttered a genuine threat, you will be liable for prosecution. However, not all threats are considered criminal offence. If you made the threat playfully or innocently, you will not be liable for prosecution. You will also not be prosecuted if you blurted out the words in anger, bitterness, desperation or frustration.
If you are charged with uttering or conveying death threats, your best approach is to refuse to say anything. Failing that, you should try to prove that you didn’t mean to intimidate anyone. If you can negotiate with the recipient and settle it out of court, that that would be ideal. If you are forced to go to court, you must hire an experienced criminal defense lawyer to defend you. Donna V. Pledge is a reputed Toronto criminal defense lawyer who has over two decades of experience in successfully representing clients charged with making threats.
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