The appellant, a 73-year-old retired labourer, was convicted of uttering a death threat after posting a poorly written, satirical poem about his municipal councillor on neighbourhood mailboxes.
The poem expressed frustration over the councillor's performance and included imagery about digging a hole to hide her body.
On appeal, the Court of Appeal found that the trial judge erred by failing to consider the full context of the poem, including its nature as political commentary and the appellant's public posting of it.
The Court concluded that a reasonable person, fully informed of the circumstances, would not view the poem as a serious threat.
The appeal was allowed and an acquittal entered.
