What is the test for making threats of death or bodily harm under the Mental Health Act?
British Columbia, Canada
The following excerpt is from R. v. Owimar, 2002 BCPC 266 (CanLII):
The actus reus of the offence is the uttering of threats of death or bodily harm. The mens rea is that the words be spoken or written as a threat to cause death or bodily harm; that is, they were meant to intimidate or to be taken seriously: Regina v. Clemente (1994), 1994 CanLII 49 (SCC), 91 C.C.C. (3d) 1 (S.C.C.) at p. 4.
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