< Canadian Criminal Sentencing < Offences 
 
        
      | 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
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
Ancillary Orders
- DNA Order
 - 109 and 110 Weapons Prohibition
 
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