Mischief

Sohi Law refers to the crime of causing damage to another person’s property without intending to steal it. If you commit this offence, you should consult with a mischief lawyer. Criminal mischief is committed when a person intentionally:

Destroying or damaging property; rendering property dangerous, useless, inoperative, or ineffective; interfering with another person’s use, enjoyment, or operation of the property.

If the mischief endangers the property and puts people’s lives in danger, the offender faces a term of imprisonment of up to life. However, in most cases, it is an offence punishable by summary conviction. Because there is no minimum punishment, the court can consider a variety of sentences, including an absolute discharge.

Mischief: The offence of mischief is broadly defined in the Criminal Code to include most situations in which a person damages property that does not belong to them. Graffiti tagging private or public property, intentionally damaging someone’s vehicle or home, or otherwise damaging public or personal property are examples of typical mischief cases. Normally, causing damage to property of which you are the sole owner is not considered criminal mischief.

The prosecution must prove that the accused acted willfully, i.e. that they did the act that caused the damage on purpose. Intention can be proven through recklessness. The fact that the accused did not intend to cause the extent of damage is irrelevant to determining guilt, but it may be relevant when determining an appropriate disposition.