Michael is a Toronto Mischief Lawyer that has successfully defended hundreds of criminal charges. Mischief is an offence which is defined in section 430 of the Criminal Code of Canada. The crime of mischief involves the interference of damage to someone else’s property without the intention to steal. Under section 430 (1), mischief is committed when an individual:
Mischief is not necessarily established when an individual damages his or her own property. The crown must prove that the accused committed any of the prohibited acts in section 430 (1) and that the accused committed the act wilfully or was reckless in this regard.
The decision to lay a Mischief Under $5,000 or a Mischief Over $5,000 charge depends on the quantum of the property damage. Mischief Under $5,000 is a hybrid offence, punishable by a maximum of two years imprisonment if the crown proceeds by indictment. Mischief Over $5,000 is also a hybrid offence (giving the crown the option to proceed summarily, resulting in lesser penalties) punishable by a maximum of ten years imprisonment if the crown elects to proceed by indictment.
If an accused person is convicted of causing mischief which causes actual danger to life, he/she faces a maximum term of life in prison.
Section 429 (2) of the Criminal Code of Canada provides a statutory defence to mischief by stipulating that one who acts with a legal justification or excuse and with colour of right shall not be convicted. If the mischief was the result of an accident, you may have a defence to the charge(s).
R v H.Y.
My client was charged with assault (x6), uttering threats and mischief under $5,000 in relation to series of alleged incidents. Throughout the course of resolution discussions the veracity of the complainant’s allegations were brought into question. All charges were eventually withdrawn. No criminal record.
R v. K.V.
Client found not guilty of Mischief Under $5000. No criminal record.
R v C.W.
My client was charged with Mischief Under $5,000 after an allegation that he caused $700 worth of damage to a parked car while intoxicated. A criminal record would have had devastating consequence’s to his livelihood. Upon retaining our office and completing a comprehensive plan of rehabilitation the crown agreed to withdraw the charge. No criminal record.
R v A.C.
A.C. was charged with Assault with a Weapon and Mischief Under $5,000 stemming from a serious road rage incident. A finding of guilt would have carried devastating consequences to my client’s livelihood and his ability to travel to the United States. Eventually, the crown agreed to withdraw both criminal charges. No jail. No criminal record.