R. v. L.A. [2010] – Client charged with Drug Possession, Mischief relating to damage to property, and Theft Under $5000 stemming from alcohol induced outburst with several eyewitnesses – No prior criminal history – CHARGES WITHDRAWN AND NO CRIMINAL RECORD
Charges Defended > Mischief
What is Mischief under the Criminal Code?
430. (1) Every one commits mischief who wilfully
(a) destroys or damages 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 is Mischief in relation to data under the Criminal Code?
(1.1) Every one commits mischief who wilfully
(a) destroys or alters data;
(b) renders data meaningless, useless or ineffective;
(c) obstructs, interrupts or interferes with the lawful use of data; or
(d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto.
What is the Punishment for Mischief?
(2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
(3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
(b) is guilty of an offence punishable on summary conviction.
What is the possible punishment for Mischief in relation to property?
(4) Every one who commits mischief in relation to property, other than property described in subsection (3),
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
Recent Mischief Cases:
Break and Enter Dwelling and Mischief Charges Withdrawn
R. v. A.E. [2011] – Client charged with Break and Enter with Intent and Mischief Under $5000. Complainant returned home to find damage to a window and my Client in his residence, allegedly in an intoxicated state. Police attended the scene and charged my Client. Following discussions with the Crown, Client completed a comprehensive alcohol counseling and diversion program – CHARGES WITHDRAWN AND NO CRIMINAL RECORD