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Mischief to Property

The Charge

Under s. 430 of the Criminal Code, a person is guilty of mischief if they willfully:

  • Destroy or damage property; or
  • Render property dangerous, inoperative or ineffective; or they
  • Interfere with another person’s use, enjoyment or operation of property.

This offence is meant to protect property that belongs to others. Generally, unless there ae aggravating factors present, a conviction for mischief of property valued at over $5000 will subject the accused to being prosecuted by indictment with a maximum jail sentence of two years. If the property is valued at under $5000, the accused can be found guilty of a summary offence and is liable to imprisonment for up to two years jail, less a day. There is no mandatory minimum sentence that is required.

The Code sets out situations where mischief to property has aggravating aspects, which will call for more serious penalties. Where actual danger to life is created by the mischief, the accused, on conviction, is subject to a maximum sentence of life imprisonment. Where the mischief offence is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, gender identity, or disability, the accused is subject to being prosecuted by indictment with a maximum sentence of 10 years in jail.

The Investigation

To prove a mischief charge, police must gather evidence which includes establishing that the property in question belongs to a person other than the suspect. Additionally, police will need to prove that the damage was caused willfully by the suspect i.e., that they intentionally caused the damage. Typical mischief charges include acts such as causing intentional damage to a vehicle by striking it, kicking it, or “keying” it. Mischief also includes acts such as applying graffiti to public or private property or damaging the property of a spouse or other person in a moment of anger.

Because a mischief to property conviction requires intention or at least recklessness, police will typically seek to obtain a confession from their suspect in order to strengthen their case. As experienced property crime lawyers, we are able to help by providing advice to our clients regarding their rights under the Charter, including their right to remain silent.

Recent Successes

R. vs. J.C. - Quesnel Provincial Court

Charges: Assault (domestic).
Issue: Whether it was in the public interest to proceed with the prosecution given the rehabilitative steps we guided our client through.
Result: Mr. Gauthier was able to persuade Crown counsel to stay the criminal charge upon our client entering into a Peace Bond. No criminal record.

R. vs. S.C. - Surrey RCMP Investigation

Charge: Theft/Fraud Over $5000.
Issue: Whether it was in the public interest to proceed with a criminal prosecution in this $400,000 fraud/theft from employer case.
Result: Mr. Mines was able to reach a civil settlement with the complainant and was able to persuade police to not forward any criminal charges. No criminal conviction; no jail.

R. vs. K.C. - Richmond Provincial Court

Charges: Fraud Under $5000; Possession of Stolen Property (from Employer).
Issue: Given our client's circumstances and the circumstances of the offence, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Johnson was able to persuade Crown counsel to refer our client to Restorative Justice and the Alternative Measures Program and to stay the criminal charges upon completion. No criminal record.

R. vs. McKenzie - Vancouver Provincial Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Johnson was able to persuade Crown counsel to stay the assault charge and to make a joint submission for a Peace Bond. No criminal record.

R. vs. H.V. - Vancouver Youth Justice Court

Charges: Assault (x2).
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Mines was able to provide additional information to police and Crown which resulted in Crown deciding to not approve any criminal charges.

R. vs. T.K. and H.B. - Surrey RCMP Investigation

Charges: Assault (x2).
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Mines was able to provide additional information to police and Crown which resulted in Crown deciding to not approve any criminal charges.

R. vs. M.M. - Courtenay Provincial Court

Charges: Sexual Assault (police investigation).
Issue: Whether it was in the public interest to proceed with criminal charges.
Result: Mr. Johnson was able to persuade police that it was in the parties' best interest and not contrary to the public interest to resolve this matter through Restorative Justice. No charges were approved. no criminal record.

R. vs. A.V. - Vancouver Provincial Court

Charges: Fraud Under $5000 (police investigation).
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to assist our client to make civil restitution and to persuade police to not recommend any criminal charges. No charge was approved. No criminal record.

R. vs. J.P - North Vancouver Provincial Court

Charges: Assault; Breach of Undertaking (domestic).
Issue: Whether there was a substantial likelihood of a conviction and whether it was in the public interest to proceed.
Result: Mr. Johnson was able to persuade Crown counsel to stay all of the criminal charges and to allow our client to enter into a peace bond. No jail. No criminal record.

R. vs. F.K. - Vancouver Provincial Court

Charges: Dangerous Driving; Obstruct/Resist Arrest (Reduced to MVA charge).
Issue: Whether the Crown would be able to prove that our client had the necessary element of  intent for a criminal conviction.
Result: Mr. Mines was able to persuade Crown counsel to proceed on a lesser charge under the Motor Vehicle Act of speeding relative to the road conditions. Our client was sentenced to a driving prohibition. No criminal record.

R. vs. E.Z. - Vancouver Provincial Court

Charges: Assault with a Weapon; Possession of a Weapon for a Dangerous Purpose.
Issue: Whether there was a substantial likelihood of a criminal conviction.
Result: Mr. Mines was able to persuade Crown that there were flaws in the evidence and that a conviction was highly unlikely. No charges were approved. No criminal record.

R. vs. G.M.G. - Vancouver Provincial Court

Charges: Assault; Theft Under $5000.
Issue: Whether our client was acting to defend his spouse when he physically engaged with the complainant.
Result: Mr. Mines was able to provide further evidence to Crown counsel which persuaded Crown that there was no substantial likelihood of a conviction. Complete stay of proceedings. No criminal record.

The Defence

Identification

To prove a mischief charge, the Crown must prove, beyond a reasonable doubt, the identity of the accused. In many circumstances, absent evidence from an eyewitness that is familiar to the accused, proving identity can be more difficult. As experienced defence lawyers, we understand the issues that can arise at trial regarding the frailties of eyewitness identification. For example, it is often very difficult for a person who has only caught a fleeting glimpse of a suspect to be able to identify them with certainty in the aftermath of the incident. In appropriate cases, we will challenge the Crown’s identification evidence, whether its source is from a witness or from forensic sources, such as fingerprints, shoeprints, video, photographs, or DNA.

We are always pleased when clients contact us in the early stages of being charged with a mischief offence. This is because, absent aggravating factors, we can offer these clients the very best potential outcome – the potential of persuading Crown counsel to not approve any charge at all. Depending on the circumstances of the offence and our client, the case may be dealt with extra judicially so that, in the result, there is no conviction and no criminal record.

Alternative Measures

In appropriate cases, we will obtain a full background briefing from our client and provide submissions to Crown counsel requesting that, rather than proceeding with a criminal prosecution, they allow our client into the Alternative Measures Program, which is, literally, an alternative to the court system. Where a person takes responsibility for a relatively minor criminal act, they may be able to avoid a criminal record by agreeing to complete restorative justice conditions such as community work service. As experienced defence lawyers, we are able to make “without prejudice” requests to Crown counsel to have our clients accepted into the Alternative Measures Program in order to avoid a criminal record.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.