Accused arrived at mother’s house as complainant’s dog was defecating on lawn. Complainant did not have bag to pick up faeces. Accused and complainant had argument and accused said he would “shoot” or “kill” complainant and his dog. Accused was charged with two counts of uttering threats contrary to s. 264.1(1)(a) and (c) of Criminal Code.
After trial sentencing of accused found guilty of uttering a threat and FTA Court. Out of frustration caused by dogs defecating on his mother’s lawn, and the victim’s words and actions, Lyver threatened to kill the victim and his dog.
Held: Minor CR, after trial, suspended sentence and probation