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April 2018 Archives

The Offence of Uttering Threats

If the police are called in the middle of a domestic dispute you may end up getting charged with the offence of uttering threats. Section. 261.4 of the Criminal Code makes it a crime to knowingly utter, convey or cause any person to receive a threat to cause death or bodily harm. In order to be convicted the prosecutor must prove beyond a reasonable doubt both that there was an utterance or conveyance of a threat and that you intended to threaten your spouse.

The Defence of Honest But Mistaken Belief in Consent to Sexual Assault Cases

In a sexual assault case, sometimes the defence is that it didn't happen at all. In other cases, the accused agrees that the sexual activity happened but says that it was consensual. However, these are not the only two defences to a charge of sexual assaults. In some cases, the complainant was not consenting to sex but the accused honestly, but mistakenly, believed that he or she was consenting. If the defence is successful it will lead to an acquittal.

What is Criminal Harassment?

In Canada, there is no offence called "stalking." Instead, it is known as criminal harassment. Charges most frequently arise in cases where there has been a bad break up and one spouse continues to attempt to communicate with the other. Section Subsections 264 (1) and (2) of the Criminal Code state:

The Defence of Consent in Sexual Assault Cases

One of the most common defences to an allegation of sexual assault is that the complainant consented to the sexual activity. It must be remembered that you are presumed innocent and the prosecutor must prove that you are guilty beyond a reasonable doubt. This means that in order for there to be a conviction for sexual assault, it must be proven beyond a reasonable doubt that there was no consent.

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April 2018 Archives | Ottawa Criminal Law Blog