The punishments available are found at section 430(3). The section is a hybrid offence, enabling the Crown to elect to proceed by way of summary conviction of by indictment.

Examples would include temporarily stealing your spouse's cellular phone, keys or other property.įinally, subsection (d) sets out the actus reus of mischief by way of 'obstructing, interrupting or interfering with any person in the lawful use, enjoyment or operation of property.' This is drafted somewhat more broadly than subsection (c) and relates to interference with the person in their use and enjoyment of property as opposed to the object itself. In this respect, subsection (c) deals with interference with lawful use and enjoyment of property. Thus, an accused who breaks the remote control cannot resort to the defence that they destroyed their own property, if the property is jointly owned. It is not uncommon for an individual to be charged with mischief against jointly held property. Subsection (c) sets out another form for the actus reus of mischief, specifically, any act that '.obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property.' This mechanism is quite common in the Criminal Courts. Subsection (b) sets out a slightly more nuanced actus reus of '.rendering property dangerous, useless, inoperative or ineffective.' Examples of this would include removing the battery from a car engine or remote control, disconnecting cables on an electronic device, or disassembling an item such that it is no longer capable of performing its intended purpose. Typical examples would be smashing a bus shelter, keying a car, smashing a TV.

First, pursuant to subsection (a), the actus reus of mischief can be committed by anyone who '.destroys or damages property.' This is a relatively straightforward actus reus mechanism.

Section 430 sets out the criminal offence of mischief and provides four ways in which the crime can be committed.

Criminal mischief meaning