CAPCJ / ACJCP

Keeping Up Is Hard to Do:
A Trial Judge’s Reading Blog

THE OFFENCE OF UTTERING A THREAT

M.L. v. R., 2021 NBCA 27, May 20, 2021, at paragraph 30:

The actus reus is established if a reasonable person aware of the circumstances would perceive the words as a threat of death or bodily harm: R. v. McRae, 2013 SCC 68, [2013] 3 S.C.R. 931. In order to make out the mens rea, an accused must have intended for the words to intimidate or be taken seriously.