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Uttering Threats Charges in Saskatchewan – Did you intend for the words to be a threat?

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By: Linh Pham, LL.B (hons), Criminal Defense Attorney Merchant Law Group LLP, Regina, Saskatchewan What is the Criminal Code section for uttering threats? Under s 264.1 (1) of the Criminal Code of Canada --- A person who, any way, knowingly utters, conveys or causes any person to receive a threat, is guilty of the offense of uttering threats. The Criminal Code recognizes 3 types of threats. 1. Threats to cause death or bodily harm to any person; 2. Threats to burn, destroy or damage real or personal property of any person; 3. Threats to kill, poison, or injure an animal or bird What should the Crown prove? The Crown must prove, beyond a reasonable doubt: 1. the identity of the Accused; 2. that the Accused and the words conveyed a threat; 3. And the words were meant to be seriously taken as a threat. What is the sentence for uttering threats? If you are convicted of uttering threats - you could have a CRIMINAL RECORD. This may affect your employment, a...

Assault charges in Saskatchewan – Was there any intent?

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By: Linh Pham, LL.B (hons), Criminal Defence Attorney Merchant Law Group LLP, Regina, Saskatchewan What is an assault? In short, an assault is any unlawful touching of another person with an intent to apply force. Unlawful touching, can be made lawful where there is consent, or where a defence exists. Spousal or domestic assault is a very common charge, but this does not mean it is not serious --- you could end up with a CRIMINAL RECORD. If you are charged with assault or another offence under the Criminal Code, it is very important that you consider consulting a lawyer. Your rights may affected and it is necessary for you to have an experienced and competent Criminal Defence Lawyer to provide you with legal advice and protect your legal rights. What are the different types of assault charges? The different types of assault charges are: s.265 - common assault: The least serious of the assault offences under the Criminal Code of Canada. An example of a common assaul...

Do you need a DUI, impaired, criminal defence lawyer?

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First, second or third offence – call me for your best defence. By: Linh Pham, LL.B (hons), Criminal Defence Attorney Merchant Law Group LLP, Regina, Moose Jaw, Carlyle, Estevan, Weyburn Saskatchewan If you are convicted of a DUI or impaired driving charge – you will have a CRIMINAL RECORD and LOSE YOUR DRIVER’S LICENSE. The more offences you have, the more severe the penalty. You could lose your job. There will be significant fines and you will have to attend treatment classes. If convicted of driving while impaired (registering a BAC higher than 0.08), you will face the follow penalties: 1. First DUI charge, conviction or offence: one year driving suspension; MINIMUM $1000 fine. 2. Second charge, conviction or offence: three year driving suspension; MINIMUM 30 days in prison. 3. Third offense or greater: five year license suspension. MINIMUM 120 days in prison. If you caused a car accident, bodily harm, or death while you were drunk – you could be looking at...