Mischief, better known as “vandalism”, consists of breaking, destroying or damaging property that belongs to others. These actions, while seemingly trivial and unimportant, may in fact constitute a criminal offence.
Mischief offence
The Criminal Code defines the components of mischief in section 430(1). First, a person commits a mischief not only when he destroys property, for example by breaking a window or graffiti, but also when he makes a good dangerous or useless, for example, by puncture the tires of a car. Mischief also means preventing the enjoyment or exploitation of property, in other words, when it is no longer possible to derive income from that property or when it is no longer possible for a person to use it.
In addition, when we speak of “property”, we mean both tangible immovable property, for example, a house, and movable property, i.e. an object.
Also, to be guilty of mischief, one must have acted voluntarily, and therefore, one must have intended to damage the property or be reckless about the destruction of that property. In addition, section 429(1) creates a presumption that a person acted voluntarily when causing the occurrence of an event by performing an act and knowing that the act is likely to cause that event, regardless of whether or not the event occurred.
The Criminal Code also provides for certain specific situations of mischief, including mischief in relation to computer data. The latter consists mainly of destroying personal data or preventing access to data to a person who is entitled to it.
What happens if we destroy something that belongs to us? Would we be charged with mischief? It is interesting to see that in this case, if we cause mischief to our property, we can still be guilty of such an offence. According to the Criminal Code, the fact that a person has a partial interest in the object that is damaged does not prevent him from being guilty of the offence of mischief. Similarly, a person who has a complete interest in the property that is destroyed may also be guilty of the offence if the offence was committed for the purpose of fraud. A classic example of this situation is to commit a fire against one’s house or other property that belongs to us in order to make a fraud.
Sentences following conviction
Penalties vary depending on the type of mischief. For example, a person who commits a mischief that endangers the lives of people is liable to life imprisonment, while a person who destroys property worth more than $5,000 could be imprisoned for up to 10 years.
This is also the case for mischief in relation to personal data, cultural property, religious property or an educational establishment, for which the penalty is also a maximum of 10 years. A person who commits mischief on property that is not in these categories could be imprisoned for up to 2 years.
Another option that applies to all of these sentences is summary conviction.
For more information on the types of sentences, we invite you to consult our page dealing with this subject.
Municipal fines
Moreover, it is not only the Criminal Code that dictates the consequences for acts that constitute wrongdoing. In fact, municipalities put in place by-laws prohibiting these acts of destruction of property. Therefore, the authority that catches a person committing mischief could arrest them for a criminal offence, or simply decide to issue a fine, depending on whether the authority is based on the regulations or the law.
Defence by a criminal lawyer
Section 429(2) of the Criminal Code illustrates defences to get away with wrongdoing. To benefit from this defence, one must have acted for one of the following three reasons:
- A rationale;
- A legal excuse;
- A colour of right.
Justification and legal excuse are fairly clear criteria.
As for colour of right, the case law sets out two possibilities: either the accused honestly believed in a factual situation that would have justified his conduct or that he had an honest but legally erroneous belief. For example, a duplex owner who sends a formal notice to his tenants to remove an antenna from their balcony within 24 hours, and who himself proceeds to remove this antenna without the knowledge of the tenants, has been found guilty of mischief and the defence of colour of right has not been upheld, since a formal notice does not authorize him to do so.
If you are charged with mischief, whether in Municipal Court or at the Courthouse, contact us today for assistance in challenging the charge. Our criminal lawyers are here to help you protect your rights and achieve the best possible outcome.