Criminal Mischief Charges in
Toronto, Ontario.
This article
is a brief and general
overview reviewing legal
information about criminal
mischief charges in Toronto,
Ontario. Those looking for
advice on mischief charges should
consult a
criminal lawyer.
What is
mischief?
The definition of mischief is found in the
Criminal
Code
at section 430.
Generally 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 is the
difference between a charge of mischief
under $5,000 and mischief over
$5,000?
If
the value of the damaged item
exceeds $5,000 dollars, the crown
attorney may seek an increased
punishment of up to ten years in
jail. Otherwise, the charge of
mischief carries a maximum penalty
of two years in jail. It is
important to note that most mischief
convictions will not result in any
jail time.
What if the
damage was caused accidentally?
It is an express requirement of the
Criminal Code that the person who
does the act alleged to constitute
the mischief act “wilfully”.
An unintentional or accidental act
will not meet the standard of
willfully damaging property
sufficient to trigger criminal
consequences.
Can I be
convicted of mischief for damaging
my own property?
In law, a person may damage
something that is wholly
owned by them as long as there
exists no intent to defraud. This is
not considered mischief as the
charge relates specifically to
damage of property owned wholly or
in part by someone other than the
person causing the damage.
In a domestic context,
a person may attract criminal
liability for mischief if they have
damaged property jointly owned by
both spouses. However, a
person who believes that he or she
had the legal right to damage
property as a result of a mistaken
belief in sole ownership is not guilty of
mischief in respect of damage to
that property.
Will I have a
criminal record for intentionally
damaging somebody's property?
Depending on the
property damaged, the
circumstances of the offender and
the offence alleged, it may be possibly to
negotiate with the Crown to withdraw
a criminal charge of mischief in
exchange for reimbursing the victim
for the damage caused (this is
called "restitution"). Often times,
paying restitution may result in a
withdrawal of the criminal charge.
Even if
the Crown Attorney is not willing to
withdraw the charge, paying
restitution will act as a
significant mitigating factor at the
time of sentencing before the judge.
It is important to remember that
every allegation of mischief is a
fact specific inquiry. Consulting a
lawyer will assist you with
identifying potential defences to
this type of allegation. Call
me at
416.297.7200 for a free
consultation about your case.
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