- Evidence that the accused was the one who conveyed the threat
Nature of the Threat
- What were the exact (or as closely to exact as possible) words used by the accused.
- How was the threat communicated to the victim
- The determination of whether a threat meets the criminal threshold is a “question of law” and therefore determined within the context of the story. The court will consider…
- the words used to convey the threat,
- the context of how the threat was made,
- and people involved.
- Crown does not need to prove that the accused intended to carry out the threat but they will need to prove that accused wanted the threat to be taken seriously.
- Indirectly then the objective fear of the victim will be an important element, but not an essential element.
- Consider including a threat assessment in order to objectively clarify the seriousness of the threat.
- Expect defence to suggest the threat was meant as a warning, or that their words were a careless emotional response, and that a reasonable person would have understood the threat as an emotional outburst rather than a serious threat.
Related Links:
Statutory wording for Threatening
The element of “fear”
Threat Assessments
Related Statutory Offences:
Intimidation
Peace Bonds (Section 810)
Criminal Harassment