Canadian Criminal Sentencing/Offences/Uttering Threats
|s. 264.1 of the Crim. Code|
|Election / Plea|
|Jurisdiction||Prov. Court |
SC Judge + PI (I)
SC Jury + PI (I) (536(2))
|Avail. Disp.||Discharge (730)|
Conditional Sentence (742.1)
|Maximum||18 months jail or $5,000 fine (person) |
6 months jail or $5,000 (property)
|Avail. Disp.||same as summary|
|Maximum||5 years jail (person)|
2 years jail (property)
|Offence Elements |
Legislation[edit | edit source]
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, poison or injure an animal or bird that is the property of any person.
(2) Every one who commits an offence under paragraph (1)(a) is guilty of
- (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or
- (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
(3) Every one who commits an offence under paragraph (1)(b) or (c)
- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
- (b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. 27 (1st Supp.), s. 38; 1994, c. 44, s. 16.
Application[edit | edit source]
Ancillary Orders[edit | edit source]
- DNA Order
- 109 and 110 Weapons Prohibition