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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. C.L. – Civil Fraud Investigation

Charge: Fraud/Theft from employer.
Issue: Whether it was in the public interest to proceed with criminal charges.
Result: Mr. Johnson was able to negotiate repayment on our client's behalf and obtained a civil release from the employer. No charges were forwarded to Crown counsel. No criminal record.

R. vs. L.M. – Vancouver Provincial Court

Charges: Assault with a weapon; assault causing bodily harm.
Issue: Given elements of provocation, a potential defence of self-defence, and our client's background as a vulnerable woman, whether it was in the public interest for Crown to continue the criminal prosecution.
Result: Mr. mines was able to persuade Crown counsel to enter a stay of proceedings upon our client succesfully completing the Alternative Measures Program. No criminal record.

R. vs. B.L. – New Westminster Supreme Court (jury).

Charges: Assault with a weapon; assault causing bodily harm.
Issue: Given elements of provocation, a potential defence of self-defence, and our client's background as a vulnerable woman, whether it was in the public interest for Crown to continue the criminal prosecution.
Result: Mr. mines was able to persuade Crown counsel to enter a stay of proceedings upon our client successfully completing the Alternative Measures Program. No criminal record.

R. vs. D.D. – Vancouver Provincial Court

Charges: Fraud Over $5000; Theft Over $5000 (from employer).
Issues: Whether Crown counsel could prove the full amount of the alleged theft and whether our client would be sentenced to jail in this breach of trust case.
Result: Mr. Mines was able to persuade Crown counsel that they could only prove a $49,000 theft rather than the $75,000 allegation. After hearing Mr. Mines' submissions, the Court sentenced our client to an 18 month conditional sentence order. No jail.

R. vs. W.W. – North Vancouver Provincial Court

Charge: Assault causing bodily harm.
Issue: Given the information Mr. Gauthier provided to Crown counsel, whether it was in the public interest to proceed with the criminal prosecution.
Result: Crown stayed the proceedings upon our client entering into the Alternative Measures Program. No criminal record.

R. vs. H.K. – Burnaby RCMP Investigation.

Charges: Mischief Under $5000.
Issue: Given the information Mr. Gauthier was able to provide to the RCMP investigator, whether it was in the public interest for police to forward charges to Crown counsel.
Result: Based on the significant collateral consequences that a criminal prosecution would bring to our client, Mr. Gauthier  persuaded police to not forward any criminal charge whatsoever.

R. vs. H.S. – Vancouver Provincial Court

Charge: Assault causing bodily harm.
Issue: Given the information Mr. Gauthier provided to Crown counsel, whether it was in the public interest to proceed with the criminal prosecution.
Result: Crown stayed the proceedings upon our client entering into the Alternative Measures Program. No criminal record.

R. vs. K.J. – ICBC Fraud Investigation

Charges: Insurance (ICBC) Fraud.
Issue: Whether charges would be forwarded to Crown counsel.
Result: Mr. Gauthier  intervened with the ICBC investigator on our client's behalf and was able to clarify and explain the information that ICBC had flagged as being possibly fraudulent. The matter was resolved with no charges being forwarded to Crown counsel. No prosecution; no criminal record.

R. vs. M.H. – Employee Fraud Investigation

Charges: Theft from Employer.
Issue: Whether the complainant would proceed with a criminal complaint when they discovered $65,000 in fraudulent transactions purportedly committed by our client.
Result: Mr. Johnson was able to successfully negotiate a civil settlement on our client's behalf. No police investigation; no charges; no criminal record.

R. vs. A.C. – Richmond 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. Gauthier was able to persuade Crown counsel to enter a stay of proceedings upon our client completing the Alternative Measures Program. No criminal Record.

R. vs. N.A. – Vancouver Traffic Court

Charges: Speeding (MVA).
Issue: Whether the police officer could prove that our client was speeding, and whether it was in the public interest to proceed with the trial.
Result: Mr. Gauthier was able to provide information to the police investigator that led to the officer withdrawing the violation ticket prior to the trial. The lack of this conviction prevented our client from a significant driving prohibition.

R. vs. K.B. – Vancouver Provincial Court

Charges: Aggravated assault; assault with a weapon.,br> Issue: Given the information Mr. Johnson was able to provide to Crown counsel, whether it was appropriate to contnue with the prosecution on the approved charges.
Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser charge of assault causing bodily harm. After hearing Mr. Johnson's submissions on our client's behalf, the trail judge sentenced our client to a suspended sentence with 24 months probation. Our client was able to avoid a lengthy jail sentence.

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.