SELECTED CASE LAW
BRITISH COLUMBIA:
In 2006 BCCA 498, Mr. H was charged with criminal harassment and uttering threats. Mr. H had threatened five employees of the BC government after his licence was suspended and required a psychological assessment to determine if he was fit to drive. He called these employees demanding his licence. He swore and threatened them, stating something along the lines that his psychologist told him there was an 85% chance he would kill government employees within a year and 100% chance that he would get away with it. The employees called security and the police, some called and warned their families. He was convicted of harassment and sentenced to three years of imprisonment and a 10 years firearms prohibition.
On appeal the court held that the conviction of harassment and uttering threats should be stayed under the Kienapple principle, as such the conviction of uttering threats was stayed. An appeal of his sentence was dismissed.
Also see: 2007 BCCA 487 (Appeal of sentencing); 2005 BCSC 247 (Sentencing); 2005 BCSC 48 (Trial).
Criminal Offence(s): Criminal Harassment