Mischief Charges in Ontario
To understand how you may be able to fight your Ontario mischief charges, first you must understand what “mischief” is.
“Wilfully” in this definition means that you did the act of mischief knowing that the act would probably cause the destruction etc. of the property and being reckless whether the destruction etc. occurs or not.
A possible defence would be that you did not intend to damage the property.
What if it Was My Property?
It can count as mischief even if you have a partial interest in the property you destroyed or damaged. An example would be if you trashed your matrimonial home.If you have a total interest in the property, it can still count as mischief if you destroyed or damaged your property with an intent to defraud.
Penalties for Ontario Mischief Charges
The offence of Mischief can cover a lot of acts. So this offence carries a wide range of punishments.
The penalty can be affected not only by the kind of conduct (what you did), it can also be affected by what kind of property was involved (what you did it to). For example, there is a part of the law that deals specifically with mischief to religious property.
Recent Mischief Cases & Success Stories
Mr. H had no criminal record at the time the incident occurred. We did not want to see Mr. H end up with a criminal record when he was acting out of confusion and intoxication, and so we would seek to have the Crown withdraw the charges in favour of non-criminal diversions.
Mr. R was detained by security guards at an entertainment venue late one August evening after he and another party were separated for a consensual fight. Mr. R was injured after the fight and was treated for his injuries by EMS, but subsequently placed in the venue’s holding cells. Security alleges that while Mr. R was in the holding cell he repeatedly kicked the door, damaging both the door and the frame.
After multiple complaints to police made by Mr. H.s spouse, charges of domestic assault and mischief were laid. The allegations consisted of Mr. H damaging the complainant’s property as well as pushing his wife, grabbing her by the throat and choking. Additionally, the allegations were that the assaults took place while Ms. H was pregnant.
CASE STUDY: Domestic Assault x3, Criminal Harassment, Mischief Under & Theft Under – Charges Withdrawn
After a review of all disclosure materials with Mr. C it was evident that the complainant came forward with false allegations.
Our client was a working professional. Charges were withdrawn and the client was able to avoid a criminal record that would have adversely affected her job.