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Posts tagged "uttering threats"

An Argument with Your Partner May Result in a Number of Charges

Imagine you are driving to a dinner party with your wife. You are running late. You are both irritated with the other. You both believe the other is the cause for being late. You are bickering on the drive over. Your partner gets frustrated and picks up their cellphone and says s/he is going to call the host and cancel. You grab the cellphone to prevent her from doing so. She yells at you to give it back and starts punching you in the arm. You put your hand out to stop her from hitting you because you are driving. In anger you say that she'd better stop hitting you or she'll regret it. She gets even more upset and demands you pull over and let her out. You are concerned for her safety of dropping her on the side of the road at night and decided to find a parking lot to pull into some distance down the road to try and talk and calm things down.

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.

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Posts tagged "uttering threats" | Ottawa Criminal Law Blog