264.1 (1) Uttering threats – 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.
Threatening is a hybrid offence which allows the Crown to proceed by either indictment or by summary conviction. If prosecuted by indictment, a conviction under s. 264.1(1)(a) is punishable by up to five years in prison.
1) R. v. K.
Client criminally charged with threatening a security guard at the University he was attending. Criminal lawyer Wade Jenson was retained by the client and his family rightly concerned that a criminal record could derail any career aspirations. Wade Jenson negotiated a resolution based upon a peace bond, and then arranged for police fingerprints to be destroyed. CHARGE DISMISSED.
2) R. v. R.
Accused charged along with a second individual with armed robbery and three counts of uttering threats. The second individual retained Legal Aid counsel, plead guilty, and went to jail. Kelowna criminal lawyer Wade Jenson was retained by the family of the man who had played the major role in the incident, including brandishing the knife involved. Wade Jenson achieved for his client an ABSOLUTE DISCHARGE. No jail, no probation, no record.