Uttering Threats Defence Strategy:

Question: How do I defend against allegations of uttering threats in Ontario if I’m not the person who made the statement?

Answer: In an uttering threats prosecution, the Crown must prove beyond a reasonable doubt that a threat was uttered and that it was uttered by you, so a strong defence often focuses on identity and attacking gaps in the evidence that links the alleged statement to the accused person.  If you have alibis, inconsistent witness accounts, missing or unreliable recordings, or mistaken identification, a paralegal at Freed Legal Services can help you review the police report, disclosure, and trial options and then help prepare a clear defence position for Ontario matters.  For a focused intake and next steps, call (800) 716-1897.

Add this website to Google Preferred Sources

What Helps to Defend An Person Accused of Making Threats?

In the Prosecution of a Person Accused of Uttering Threats, Identity Is An Element That Must Be Proven Beyond a Reasonable Doubt. Without Proof of Identity of the Person Who Allegedly Uttered a Threat, An Acquittal of the Charges Should Result.

Uttering Threats Defence Strategy:
An Innocent Person May Be Accused

Facing accusations of uttering threats can be a daunting experience.  For an accused person, it is crucial to understand the various elements that must be proven for a case to result in a conviction.  Failure by the Prosecutor to prove these elements, beyond a reasonable doubt, typically results in an acquittal.  These legal nuances and the importance of accurate evidence play a critical role within the fairness of the justice system.

Among the key general issues often encountered in the defence of a person accused of uttering threats is the requirement that the Prosecutor must prove the element of identity; and accordingly, the Prosecutor must firmly demonstrate that the alleged threat was uttered by the accused person.  Without clear evidence, this element is unproven.

Conclusion

A Prosecutor, during the prosecution of an uttering threats charge, must prove that a threat was uttered and that the threat was uttered by the accused person.