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Criminal Code s.264.1

Uttering Threats charges in Welland, Ontario.

Knowingly uttering, conveying, or causing any person to receive a threat to cause death or bodily harm, to damage property, or to injure an animal. Hybrid offence; only the property and animal branch, punishable under s.264.1(3), is within paralegal scope.

Courthouse
Welland Courthouse (Ontario Court of Justice)
Court Phone
(905) 735-0010
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, and the maximum depends on the branch. Threats to property or an animal, punishable under s.264.1(3): up to 2 years on indictment, up to 2 years less a day on summary conviction. Threats of death or bodily harm, punishable under s.264.1(2): up to 5 years on indictment. 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 Welland

Welland criminal matters are heard at the Welland Courthouse on East Main Street. Provincial offences from all twelve Niagara municipalities are heard at the Niagara Region POA court, further along the same street.

Criminal Court

Welland Courthouse (Ontario Court of Justice)

102 East Main Street, Welland, ON L3B 3W6

(905) 735-0010

South Niagara criminal matters. North Niagara matters are heard at the St. Catharines courthouse on Church Street.

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