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Uttering a Threat

The Charge

Section 264.1 of the Criminal Code sets out that everyone who knowingly utters a threat to another person to cause death or bodily harm, or to damage or destroy property, is guilty of an offence. The essence of the offence is that the prosecutor must prove that the accused intended their remarks to genuinely cause the complainant to intimidate or to be taken seriously. There is no requirement that the intended victim be aware of the threat; the offence is made out upon proof that the accused intended the words to cause fear or alarm. In determining whether or not the accused’s statements are a threat, the words must be viewed objectively in the context in which they were spoken. The words must have been uttered with an intent to intimidate or to be taken seriously.

Uttering a threat is a hybrid offence meaning that the Crown has the option of proceeding by indictment and to seek a sentence of up to five years in jail. Alternatively, the Crown can proceed summarily, in which case the maximum sentence is 24 months in jail. There are no mandatory minimum sentence requirements for uttering threats. Non-custodial sentences are available.

The Investigation

Unlike many other criminal investigations, in threatening charges, the substantive evidence usually comes not from the police, but from the complainant who says you threatened them. Upon receiving the complaint, police will seek out the suspect and attempt to obtain their side of the story.

When contacted by a suspect prior to their arrest, we can be of significant assistance. We will make enquiries to determine who the investigating officer is. Because of the laws concerning solicitor/client privilege, we can act as a “buffer” between our client and police. We can speak on our client’s behalf without risk of creating incriminating evidence against them. We will negotiate to have our client not charged, or if charged, to be released from custody quickly and on the least restrictive terms that are appropriate. Typical release conditions include no contact with the complainant, including face-to-face contact, or indirect contact by phone, text, email or through a third party. Other conditions may include no weapons, no alcohol or other similar protective conditions.

Recent Successes

R. vs. B.S. - North Vancouver RCMP Investigation

.Charge: Uttering Threats.
Issue: Whether there was a public interest in proceeding with the proposed charge.
Result: After Mr. Johnson made  representations to the investing officer, police advised that no charges would be forwarded to Crown counsel. No criminal record.

R. vs. C.M. - Vancouver Provincial Court

Charge: Driving While Prohibited.
Issue: Whether it was in the public interest to proceed with the charge, which carries a one year mandatory minimum driving prohibition upon conviction.
Result: Mr. Mines was able to persuade Crown counsel to proceed on the lesser charge of driving without a valid drivers license. The court agreed with Mr. Mines' submissions and imposed a fine but did not impose any driving prohibition.

R. vs. N.A. - Vancouver Provincial Court

Charges: Driving While Prohibited.
Issue: Whether it was in the public interest to proceed with the charge.
Result: Mr. Mines was able to persuade Crown counsel to allow our client to plead to the lesser offence of driving without a valid driver's license. Rather than face a mandatory minimum 12 month driving prohibition, our client was sentenced to a fine. No driving prohibition.  

R. vs. J.C. - Quesnel Provincial Court

Charges: Assault (domestic).
Issue: Whether it was in the public interest to proceed with the prosecution given the rehabilitative steps we guided our client through.
Result: Mr. Gauthier was able to persuade Crown counsel to stay the criminal charge upon our client entering into a Peace Bond. No criminal record.

R. vs. S.C. - Surrey RCMP Investigation

Charge: Theft/Fraud Over $5000.
Issue: Whether it was in the public interest to proceed with a criminal prosecution in this $400,000 fraud/theft from employer case.
Result: Mr. Mines was able to reach a civil settlement with the complainant and was able to persuade police to not forward any criminal charges. No criminal conviction; no jail.

R. vs. K.C. - Richmond Provincial Court

Charges: Fraud Under $5000; Possession of Stolen Property (from Employer).
Issue: Given our client's circumstances and the circumstances of the offence, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Johnson was able to persuade Crown counsel to refer our client to Restorative Justice and the Alternative Measures Program and to stay the criminal charges upon completion. No criminal record.

R. vs. D.M. - Vancouver Provincial Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Johnson was able to persuade Crown counsel to stay the assault charge and to make a joint submission for a Peace Bond. No criminal record.

R. vs. H. - Vancouver Provincial Court

Charges: Assault (x2).
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Mines was able to provide additional information to police and Crown which resulted in Crown deciding to not approve any criminal charges.

R. vs. T.K. and H.B. - Surrey RCMP Investigation

Charges: Assault (x2).
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Mines was able to provide additional information to police and Crown which resulted in Crown deciding to not approve any criminal charges.

R. vs. M.M. - Courtenay Provincial Court

Charges: Sexual Assault (police investigation).
Issue: Whether it was in the public interest to proceed with criminal charges.
Result: Mr. Johnson was able to persuade police that it was in the parties' best interest and not contrary to the public interest to resolve this matter through Restorative Justice. No charges were approved. no criminal record.

R. vs. A.V. - Vancouver Provincial Court

Charges: Fraud Under $5000 (police investigation).
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to assist our client to make civil restitution and to persuade police to not recommend any criminal charges. No charge was approved. No criminal record.

R. vs. J.P - North Vancouver Provincial Court

Charges: Assault; Breach of Undertaking (domestic).
Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed.
Result: Mr. Johnson was able to persuade Crown counsel to stay all of the criminal charges and to allow our client to enter into a peace bond. No jail. No criminal record.

The Defence

The typical defences to threatening charges is to establish doubt that the words were ever uttered or, alternatively, that the words uttered were not intended to be taken seriously by the complainant. Clearly, any evidence from third party witnesses or video or audio recordings will be relevant.

As experienced lawyers, we are able to offer significant assistance to clients who contact us before they are contacted by police. We will contact the police investigator and will strive to persuade police to not take you into custody at all or, alternatively, to release you on the least onerous conditions as possible, as quickly as possible. In our more than 25 years of experience, we have been successful in obtaining non-custodial sentences for the majority of our clients charged with uttering threats. We will strive to resolve your threatening charge with alternative measures, a peace bond or a discharge.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.