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Criminal Code s.264.1

Uttering Threats charges in Newmarket, Ontario.

Knowingly uttering, conveying, or causing any person to receive a threat to cause death, bodily harm, or damage to property. Hybrid offence; on summary election within paralegal scope.

Courthouse
Newmarket Courthouse (Ontario Court of Justice)
Court Phone
(905) 853-4801
Consultation
Free & Confidential
i.

What the charge means

Section 264.1 of the Criminal Code prohibits knowingly uttering or conveying a threat to cause death or bodily harm, to burn, destroy or damage property, or to kill, poison or injure an animal. The threat must be communicated but does not require an intent to actually carry it out.

ii.

Penalties

Hybrid. On summary: up to 2 years less a day. On indictment: up to 5 years. Criminal record on conviction. Common conditions include no-contact orders and weapons prohibitions.

iii.

Available defences

  • Words were not objectively threatening (context, humour, hyperbole)
  • Mental element — no knowing communication of a threat
  • Identification of the speaker
  • Peace bond resolution where appropriate
iv.

The process

Disclosure review of the alleged words and the context in which they were spoken. Many files resolve through peace bond, diversion, or withdrawal where the evidence is contested.

v.

Notes for Newmarket

York Region criminal and civil matters are heard at the Newmarket courthouse on Eagle Street. Provincial offences from York Regional Police, OPP, and municipal enforcement are handled at the Bristol Road POA office.

Newmarket Courthouse (Ontario Court of Justice)

50 Eagle Street West, Newmarket, ON L3Y 6B1
(905) 853-4801

Charged with uttering threats?

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