Sometimes we say things without necessarily meaning them. However, we must still be careful with the words we use, because they can have serious consequences, not only in civil matters but also in criminal matters.
This is particularly true when you commit an offense of death threat. Yes, death threats are prohibited by the Canadian Criminal Code. This offense involves a verbal or written threat to cause a person's death.
In this article, JuriGo thoroughly examines the offense of death threat: its definition, the constituting elements of the crime, the penalties, and finally, the means of defense!
Death threats: what exactly are they?
The offense of death threat is provided for in the article 264.1 of the Criminal Code . This article provides that this offense is committed when a person utters, transmits or has another person receive a threat:
- To cause death or bodily harm to someone;
- To burn, destroy or damage movable or immovable property;
- To kill, poison or injure an animal or a bird that belongs to someone.
Thus, the offense of death threat prohibits anyone from uttering threats to cause the death of another person, whether these threats are verbal, written or transmitted by electronic means.
Even if these are just words in the air and there is no plan to carry out the threats, you can still be charged with this offense.
What are the constitutive elements of the crime of death threat?
If you are accused of an offense of death threat, the prosecution will have to demonstrate the essential elements of the crime beyond any reasonable doubt.
To begin with, it must be demonstrated that you have committed the actus reus of the crime, that is, that you have:
- Uttered, transmitted or made to be received by a person;
- A threat to cause:
- Death or bodily harm;
- To burn, destroy or damage movable or immovable property;
- To kill, poison or injure an animal or bird that belongs to someone.
It is important to note that the expression "bodily harm" also includes severe and deep psychological injuries . For example, threatening someone with a sexual assault can constitute a threat under the Criminal Code, because of the psychological injuries it can cause to the victim.
Then, the prosecution will have to demonstrate that the accused had the necessary mens rea for the commission of the crime. The threat of death is a crime of specific intent, so it will be necessary to prove that the accused's intention was that his words or writings be perceived as a threat to cause death or serious injury.
In other words, even if the accused had no intention of carrying out his threats, he can be found guilty of the crime of death threat. Indeed, the intention to carry out the threats is not an essential element of the offense under section 264.1 of the Criminal Code . The mens rea of the crime rather implies the intention to threaten and that the threat is taken seriously.
In order to determine if the threat has been taken seriously, one must take into account the words used and the context in which they were used, as well as the person to whom the threat was intended. The reaction of the victim will be a relevant element in analyzing the context of the threats.
Moreover, it is not necessary that the words be addressed to a particular person. It is simply sufficient that the threat is made against a specific group of people.
You can also be charged with a threat even if you have not directly threatened the victim: the Criminal Code provides that the threat can be made "by any means whatsoever", which means that even a threat conveyed by a third party is prohibited.
What is the penalty associated with death threats?
The penalty for the offence of death threats will depend on certain factors, including the severity of the threat and the method of prosecuting the offence. The different penalties are provided for in section 264(2) and (3) of the Criminal Code.
For a threat of bodily harm or death prosecuted by summary method, the accused will be liable to a maximum prison sentence of 18 months.
On the other hand, if the prosecution decides to prosecute the offence as a criminal act, the maximum prison sentence will instead be 5 years.
If it is a threat concerning the destruction of property or killing or injuring an animal , the offence prosecuted by summary method will be liable to a maximum prison sentence of 6 months and/or a fine of 2000 dollars .
If the offence is prosecuted as a criminal act, the maximum penalty will instead go up to 2 years in prison.
Attention! If the death threat is followed by an act, the penalty can be much more severe.
Defence Methods: How to deal with a death threat accusation?
As the offense involves the intention to threaten the victim with the aim of intimidating or causing fear, one of the most common defense methods for a death threat is to prove that the threat does not exist or that it was a joke or a communication and interpretation issue.
The absence of real intention means that the accused will plead that they had no real intention of threatening the victim and intimidating or instilling fear.
To defend yourself against such an accusation, it is therefore essential to hire a criminal lawyer , who can advise you on the best course to take and the most relevant defense methods according to your personal situation.
JuriGo helps you find a criminal lawyer to defend you!
A death threat is an offense taken very seriously in Canadian criminal law, and it often leads to imprisonment sentences. It is essential to understand the constitutive elements of this offense as well as the defense means at your disposal to face such accusations.
If you are accused of making death threats, it is strongly recommended to consult a lawyer specialized in criminal law. An experienced lawyer can guide you through the judicial process, protect your rights, and work to achieve the best possible outcome for your case.
Moreover, JuriGo can save you time in your search for a lawyer! All you have to do is fill out the request form below and we will put you in contact with a criminal lawyer specialized in your area.
The service is free and does not commit you to anything, so don't wait any longer!