Uttering Threats (Sentencing Cases)
| This page was last substantively updated or reviewed January 2014. (Rev. # 92906) |
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Offence Wording
- Assaults
- 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) [threats – harm animal] 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.
- Idem
(3) Every one who commits an offence under paragraph (1)(b) [threats – damage property] or (c) [threats – harm animal]
- (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; 2019, c. 25, s. 92.
[annotation(s) added]
Uttering Threats to Cause Bodily Harm or Death
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Graham, 2022 ABPC 17 (CanLII), per Stevenson J | AB  |
PC | 3.5 years imprisonment (global) 6 months imprisonment (threats) |
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| R v Pecinka, 2022 ABPC 81 (CanLII), per J | AB |
PC | 8 months imprisonment (global) 2 months imprisonment (breach) 6 months imprisonment (threats) |
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| R v Williams, 2022 BCPC 31 (CanLII), per Doulis J | BC  |
PC | 60 days imprisonment (threats) |
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| R v Price, 2022 NLSC 30 (CanLII), per O'Brien J | NL  |
SC | 2 months imprisonment (threats) 12 months imprisonment (pointing) |
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| R v Benoit, 2022 NLSC 125 (CanLII), per Noble J | NL |
SC | 450 days imprisonment (B&E) 60 days imprisonment (threats) |
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| R v Boutilier, 2022 NSPC 8 (CanLII), per van der Hoeck J | NS  |
PC | Suspended Sentence plus 1 year probation | Find summaries of case.
|
| R v Charbonneau, 2022 QCCQ 380 (CanLII), per Provost J | QC  |
PC | Conditional Discharge plus 12 months probation | Find summaries of case. |
| R v Rousseau, 2022 QCCQ 934 (CanLII), per J | QC |
PC | 1 years imprisonment (threats) 1 years imprisonment (sex assault) |
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| R v GTA, 2021 BCCA 425 (CanLII), per J | BC |
CA | 3 years imprisonment (interference) 4 months imprisonment (threats) |
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| R v Manuel, 2021 BCPC 310 (CanLII), per Frame J | BC |
PC | Conditional Discharge plus 12 months probation | Find summaries of case. |
| R v Chaulk, 2021 CanLII 81813 (NL PC), per Gorman J | NL |
PC | Conditional Dischargeplus 2 years probation | Find summaries of case. |
| R v Sandhu, 2021 ABPC 217 (CanLII), per Barley J | AB |
PC | 21 months imprisonment (assault /w weapon and threats) 30 days imprisonment (breach) |
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| R v Garvin, 2021 ONCJ 496 (CanLII), per Wadden J | ON  |
PC | 6 months imprisonment (threats) |
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| R v Yektas, 2021 QCCQ 9645 (CanLII), per Belisle J | QC |
PC | 11 months imprisonment (global) 3 months imprisonment (threats) plus 2 years probation |
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| R v Paiement, 2021 QCCQ 10265 (CanLII), per J | QC |
PC | 3.5 years imprisonment (global) 2 months imprisonment (threats) 20 months imprisonment (sex assault) 10 months imprisonment (voyeurism) |
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| R v Freake, 2012 NLCA 10 (CanLII), per Welsh and Rowe JJA | NL |
CA | 2 months imprisonment | Offender told social worker that he had a desire to chop up the ex-partner and their child and put them in a suitcase. Find summaries of case. |
| R v Carlson, 2011 CanLII 80608 (NLPC), [2012] NJ 443 (PC), per Gorman J |
NL |
PC | discharge (JR) | offender asked for $300 from father for work done, argument arose, offender threatened to kill father and damage vehicle, he threw his father against kitchen counter, alcohol involved Find summaries of case. |
| R v Noor, 2011 BCSC 1629 (CanLII), per Arnold-Bailey J | BC |
SC | discharge granted | road rage; uttering threats Find summaries of case. |
| R v Rowe, 2006 CanLII 32312 (ON CA), CCC (3d) 254, per Sharpe JA |
ON |
CA | Find summaries of case. | |
| R v Bytyqi, 2004 CanLII 14964 (ON CA), , 186 OAC 114 (CA), per curiam |
ON |
CA | Find summaries of case. | |
| R v Stiliadis, 2004 CanLII 18520 (ON CA), per curiam | ON |
CA | Find summaries of case. | |
| R v Rowe , 1995 CanLII 9875 (NL CA), per Steele JA | NL |
CA | 4 months imprisonment | uttering threats while wielding an axe at a person dating offender’s former spouse Find summaries of case. |
Uttering Threats to Damage Property or Harm Animals
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Testawitch, 2022 BCPC 39 (CanLII), per Patterson J | BC |
PC | 39 days imprisonment (threats) |
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| R v Connors, 2021 NLSC 178 (CanLII), per J | NL |
SC | 9 months imprisonment (threats) |
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| R v Ratmanski, 2016 ONCJ 752 (CanLII), per Band J | ON |
PC | Fine and Probation | The offender was drunk on a plane and made threatening comments about bombs. Find summaries of case. |
| R v White, 2012 CanLII 43292 (NLPC), , [2012] NJ No. 263 (P.C.), per Gorman J |
NL |
PC | 2 months (threat) 6 months imprisonment (global) |
threatened to kill cat of ex-girlfriend Find summaries of case. |
| R v Lyver, 2011 CanLII 54511 (NLPC), , [2011] NJ No. 320 (P.C.), per Gorman J |
NL |
PC | Suspended Sentence | threatened to kill neighbour's dog. Find summaries of case. |
| R v Petravic, [2001] O.J. No. 2766 (SCJ)(*no CanLII links) | ON |
SC | Suspended Sentence | The offender threatened to burn down the constituency office of his member of parliament.
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