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 sentence for Mischief Under is:

• 2 years in jail if the Crown proceeds summarily
• 5 years in prison if the Crown proceeds by indictment

Other Types of Mischief

In addition to Mischief Under, there are other categories of Mischief. These include mischief 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