(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.

The Punishment

(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.

(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.

Mischief over Five Thousand Dollars does not relate to the amount of the damage. The charge relates to the value of the property damaged. For example,  an intentional scratch to an old car that has a value less than $5000.00 would support a charge of Mischief under Five Thousand Dollars contrary to section 430(4) of the Criminal Code. A similar scratch on a new vehicle (that is over $5000 in value) would support the charge of Mischief over Five Thousand ($5000.00) dollars.

From a defence perspective, we are often able to negotiate a withdrawal of this charge if restitution is made and the damage repaired.

This is another one of those charges that is often laid in a domestic assault altercation. Damage to doors or walls, broken cell phones etc are subject matter for many mischief charges.

One should note, that you are permitted to destroy or damage your own property.

This charge requires an intent to damage property – accidental damage does not support this charge.

If you are ever charged with Mischief over $5000 – you should speak with a Criminal Lawyer. Our Team has handled hundreds of these cases.

We offer a free consultation.