Canadian Criminal Sentencing/Offences/Uttering Threats
| Uttering Threats | |
|---|---|
| s. 264.1 of the Crim. Code | |
| Election / Plea | |
| Crown Election | Hybrid |
| Jurisdiction | Prov. Court SC Judge + PI (I) SC Jury + PI (I) (536(2)) |
| Summary Dispositions | |
| Avail. Disp. | Discharge (730) Suspended Sentence (731(1)(a)) |
| Maximum | 18 months jail or $5,000 fine (person) 6 months jail or $5,000 (property) |
| Indictable Dispositions | |
| Avail. Disp. | same as summary |
| Maximum | 5 years jail (person) 2 years jail (property) |
| References | |
| Offence Elements Sentence Principles Sentence Digests | |
Legislation
[edit | edit source]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, poison or injure an animal or bird that is the property of any person.
Punishment
(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.
Idem
(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.
– CCC
Application
[edit | edit source]Ancillary Orders
[edit | edit source]- DNA Order
- 109 and 110 Weapons Prohibition