A common charge that comes before the courts is mischief. A mischief charge can be one of two charges: Mischief over $5000 and Mischief under $5000. If the value of the damaged item is below $5000, the accused party will be charged with ‘mischief under $5000’. If the value of the damaged item exceeds $5000, the accused party will be charged with ‘mischief over $5000’. It is important to note that when referring to damage, it is not a reference to the amount of damage that has been caused but to the actual value of the item.
Criminal Code of Canada – Definition of Mischief
Mischief is found in the Criminal Code of Canada at section 430. Mischief occurs when a person does any of the following:
(a) destroys or alters property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
What about accidental damages?
It is a requirement of the Criminal Code that the person who committed mischief acted “wilfully”. An unintentional or accidental act will not meet the standard of wilfully damaging property sufficient to trigger criminal consequences.
Why should you hire Capulli Law to defend mischief offences?
At Capulli Law, Vaughan’s Criminal Law Firm, we understand that a criminal charge, notwithstanding one that’s minor in nature, can have serious consequences for an accused party. For those without criminal histories, the effect of a charge of this nature can detrimentally impact their career, livelihood and future opportunities. With this in mind, at Capulli Law, our Vaughan criminal lawyers will take the necessary steps to ensure that we obtain the best possible results. If you, a friend or a loved one has been charged with ‘mischief’, call our office at (647) 504-6879 to set up a meeting with one of our Vaughan criminal lawyers for a complimentary consultation.