SELECTED CASE LAW
BRITISH COLUMBIA:
In 2013 BCCA 117, Ms. H was convicted of criminal harassment, uttering threats, breaching conditions of her judicial interim release, and counselling a person to commit and indictable offence. After learning that her son and Mr. S’ son were involved in the sale of drugs, Ms. H phoned Mr. S and threatened to kill his son and firebomb their family if his son did not stay away from her son. She was arrested and ordered not to contact Mr. S or go near his home. Ms. H proceeded to phone and threaten Mr. S, shout at him while outside of his apartment, and counselled her roommate, Mr. A, to harm Mr. S and his son and to steal and damage Mr. S’ vehicle. Ms. H was acquitted of one count of uttering threats, one count of failing to comply with an undertaking, and one count of counselling someone to commit assault, but was found guilty of the other charges of harassment, uttering threats, failure to comply with an undertaking, and counselling Mr. A to commit assault, mischief and theft.
Ms. H appealed the conviction of uttering threats, which was allowed and judicially stayed pursuant to the Kienapple principle.
Criminal Offence(s): Criminal Harassment