Uttering Threats Defence Strategies: Includes Plausible Alternative Meaning to Words Alleged As Threatening Words

Question: Can you defend an uttering threats charge in Ontario by showing the words had a different, non-threatening meaning?

Answer: Yes, a key defence can be showing the alleged words reasonably support an alternative, non-threatening interpretation when you consider context, tone, and what was actually said, because the Crown must prove the words were objectively threatening beyond a reasonable doubt.  Lippa Legal Services provides Ontario paralegal services that can review disclosure, assess ambiguity and context, and help present a clear defence strategy based on plausible alternate meanings.

Can Showing Different Meanings For Uttered Words Help to Defend Against an Uttering Threats Case?

A Prosecutor Must Prove That Uttered Words Were of a Threatening Nature. Accordingly, If a Plausible Interpretation of the Uttered Words Lacks a Threatening Nature, Then An Acquittal of the Uttering Threats Charge Is a Strong Possibility.

Uttering Threats Defence Strategy:
Alternative Plausible Interpretation

The defence strategies for defending an uttering threats charge can include the showing of an alternative plausible interpretation for the words allegedly used for the uttering of a threat.  Indeed, the defence strategy of showing an alternative plausible interpretation for allegedly threatening words can play a very crucial role in uttering threats cases whereas specific language is often capable of holding very different meanings and whereas the duty to prove that the words alleged as a threatening utterance may plausibly be capable of a meaning that is something other than a threat.  When showing the possibility, including plausibility, of alternative interpretations more than just the strict definition of the uttered words may be necessary and helpful.  Whereas uttering threats is a serious charge with potentially serious penalties and consequences, understanding the nuances and potential defences is essential to the making of an effective defence.

Key general issues often encountered in the review of defence strategies for an uttering threats charge and involving the effort to show an alternative plausible interpretation for the words or phrases alleged as threatening utterances include:

• The Context of the Utterance: The situation in which the allegedly threatening statement was made whereas words spoken in a heated argument may be interpreted differently than those conveyed within a calm discussion.
• The Perception Versus Intention: The perceived meaning of the words can vary significantly from the intent of the speaker whereas a statement may appear threatening to one person while remaining innocuous to another.
• The Ambiguity of Language: The many words and phrases within common language often have multiple interpretations and words such as like "You are gonna get what is coming to you" could allow for an interpretation that is something other than a threat whereas such may quite reasonably suggest a consequence that derives from karma.

Conclusion

The defence strategy of showing an alternative plausible interpretation for the words or phrases alleged as a threatening can significantly impact the management of uttering threats charges.  By focusing upon the context, the perception versus intention, and the inherent ambiguity of language, positive results in the form of an acquittal may result.  A professional legal practitioner can assist with the intricacies and application of this defence strategy.