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IMPLIED THREAT OF VIOLENCE

IMPLIED THREAT OF VIOLENCE – You may not have made any actual verbal threat but that doesn’t mean there was no threat of violence. It may be found in the nature of the offence. “No actual victim was threatened or realized. There was no robbery, violence or actual attempted violence. Nonetheless, the court held that violence is inherent in robbery and thus there was an implied threat. This approach is consistent with an earlier decision of the Court of Appeal where despite a lack of actual threats or violence the court accepted the inherent and implied threats involved in the conduct of the accused involving contact with his wife in breach of recognizance conditions.”
The purpose of s. 109 of the Criminal Code and the nature of breaking and entering justified the lifetime weapons prohibition in the accused’s sentence.

Source: Mack’s Criminal Law Bulletin – Weapons Prohibitions | WestlawNext Canada Portal

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