The crime of Uttering Threats to Cause Death or Bodily Harm is a charge under the Criminal Code, where a Threat has been interpreted to include “any menace or denunciation that ill will befall the recipient” and Bodily Harm includes psychological hurt in addition to physical injury. When considering the relevant facts, the words themselves must be looked at in the context in which they were spoken or written, in light of the person to whom they were addressed and the circumstances in which they were uttered. It doesn’t matter whether the accused was capable of carrying out the threat. The accused may have a legitimate defence where there is a reasonably credible alternative meaning of the words.

The charge is commonly laid alongside Assault charges and can involve domestic violence, public disputes between strangers, and electronic messages over text or facebook.

Consequences of an Uttering Threats Conviction

Under the Criminal Code, a conviction for Uttering Threats carries a maximum possible penalty of 5 years imprisonment should the Crown choose to proceed by indictment, and 18 months imprisonment should the Crown proceed by way of summary conviction.