I’ve been charged with Mischief Under $5,000. What do I need to know?
You commit the crime of Mischief if you
- destroy, damage, or break someone's property
- interfere with someone else's property
- obstruct someone else from using their property
Examples of mischief include spray painting a building or breaking a car window.
Mischief in relation to property valued at $5,000 or less is known as Mischief Under.
The maximum for Mischief Under is:
- 2 years in jail if the Crown proceeds
- 5 years in prison if the Crown proceeds by
Other Types of Mischief
In addition to Mischief Under, there are other categories of Mischief. These include in relation to
- property valued at more than $5,000, known as Mischief Over
- computer data, such as changing someone's social media password or deleting their files
- property used by a particular group of people, if the mischief is motivated by hatred or discrimination against that group, for example, a temple, church, mosque, synagogue, or a community centre
- cultural property or war memorials
The maximum sentence for these other categories of Mischief is
- 2 years in jail if the Crown proceeds summarily
- 10 years in prison if the Crown proceeds by indictment
If you commit mischief in a way that puts someone's life in danger, then the maximum sentence is:
- life in prison