Property Offences - Mischief

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Under section 430 of the Criminal Code, mischief refers to the intentional damaging or destruction of property or interference with the lawful use or enjoyment of property by another person. Mischief encompasses various acts of vandalism, destruction, and interference with property. This offence also includes the willful destruction of computer data or interference with its use.

Key elements of the offence of mischief include:

Willfulness: The accused person must have acted willfully, meaning they intentionally and knowingly engaged in the prohibited conduct.

Property: Mischief involves the destruction, damage, or interference with property. This property can belong to another individual, an entity, or the general public.

Various Forms: Mischief can take various forms, including damaging property, rendering property useless, obstructing the use of property, or interfering with a person's use of property.

Penalties for the offence of mischief can vary depending on factors such as the extent of the damage, the value of the property affected, and whether the act of mischief endangers life. In general, mischief can be prosecuted as either a summary conviction offence (less serious) or an indictable offence (more serious). Penalties may include fines, probation, restitution orders, community service, and imprisonment, depending on the specific circumstances of the case.

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