R. v. McCraw, [1991] 3 S.C.R. 72 (1991)

R. v. McCraw, [1991] 3 S.C.R.

72

Stephen Joseph McCraw Appellant v.

Her Majesty The Queen Respondent

Indexed as: R. v. McCraw

File No.: 21684.

1991: June 4; 1991: September 26.

Present: Lamer C.J. and La Forest, L'Heureux-Dubé, Sopinka, Cory, Stevenson and Iacobucci JJ.

on appeal from the court of appeal for ontario

Criminal law -- Threats -- Rape threat -- Accused writing letters to football cheerleaders threatening to have sexual intercourse with them even if he had to rape them -- Whether letters contained a threat to cause serious bodily harm -- Criminal Code, R.S.C., 1985, c. C-46, s. 264.1(1)(a).

The accused was charged with three counts of threatening to cause serious bodily harm contrary to s. 264.1(1)(a) of the Criminal Code. He had written anonymous letters to three football cheerleaders graphically detailing various sexual acts which he wished to perform upon them and concluded each with a threat that he would have sexual intercourse with them "even if I have to rape you". At trial, the three complainants testified that the letters frightened them to the extent that they no longer felt safe when they were alone. The trial judge found that the threat of rape did not constitute a threat to cause serious bodily harm and acquitted the accused. The majority of the Court of Appeal reversed the judgment and entered a conviction on the three counts.

Held: The appeal should be dismissed.

The trial judge erred in concluding that the threat to rape contained in the letters did not constitute a threat to cause serious bodily harm. For the purposes of s. 264.1(1)(a) of the Code, "serious bodily harm" means any hurt or injury, whether physical or psychological, that interfer...

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