E45| Threatening the po-po. Is police perception pivotal to prosecution?

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In this episode, Mike discusses the Newfoundland and Labrador Court of Appeal decision R. v. Churchill, 2023 NLCA 26 where a man —  ejected from a bar following a fight — was taken into police custody for being intoxicated in a public place. While handcuffed, and sitting in the secure rear seat of a police car parked outside the police lockup, the man told the officer, “I’m going to put my fucking boot in your head”. Did these words amount to an offence under the Criminal Code  threatening provision? Did the fact the police officer continued to do his job and booked the man into jail properly raise a reasonable doubt about the required intent when the comment was made? Or did taking the man into custody for public intoxication — and the  level of drunkenness required for  it — neuter the mens rea component for uttering a threat?

Criminal Code: s. 264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat (a) to cause death or bodily harm to any person ... .

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