ASSAULTS AND THREATS

Uttering Threats

264.1(1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

(a) to cause death or bodily harm to any person;

(b) to burn, destroy or damage real or personal property; or

(c) to kill, posion or injure an animal or bird that is the property of any person

Dealing with s. 264.1(1)(a) as an example, there are several things that the Crown must prove in order for someone to be found guilty. The Crown must prove that: (a) the defendant made a threat, (b) the threat was to cause bodily harm or death to another, and (c) that the defendant “knowingly” made the threat. A threat may be made in several ways including by say of an oral statement or by means of writing. Further, it can be a direct threat or it can be made conditional on some event. For example, in law, it could be a threat to say to someone “If you walk on my lawn again tomorrow, I will break your legs” or “If you don’t get rid of that garbage in your backyard, I will shoot you”. The Court looks at the utterance objectively, that is, what a “reasonable person” would give to the words. If, to a reasonable person, the words could not be taken seriously, they would not constitute a threat. Therefore, the Court will take into consideration the circumstances in which the words were used, the manner in which they were communicated, and to whom they were addressed.

There is no minimum penalty for Uttering Threats. The maximum penalty, if the Crown proceeds by Indictment, is imprisonment for five years.

Assault

265(1) A person commits an assault when

(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or

(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs

265(2) This section apples to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.