Mischief

Mischief

Section 430 of the Criminal Code defines the offence of mischief:

• Every one commits mischief who wilfully
  • (a) destroys or damages property;
  • (b) renders property dangerous, useless, inoperative or ineffective;
  • (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
  • (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

Mischief in relation to computer data

• (1.1) Everyone commits mischief who wilfully
  • (a) destroys or alters computer data;
  • (b) renders computer data meaningless, useless or ineffective;
  • (c) obstructs, interrupts or interferes with the lawful use of computer data; or
  • (d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.

If found guilty of mischief and the mischief caused actual danger to life you could be liable to imprisonment for life. 

There is also a separate and different charge of Public Mischief in relation to misleading a peace officer to enter into or continue an investigation. This offence is set out in section 140 of the Criminal Code:

 

Public mischief

• 140 (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by
  • (a) making a false statement that accuses some other person of having committed an offence;
  • (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself;
  • (c) reporting that an offence has been committed when it has not been committed; or
  • (d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

Punishment

• (2) Every one who commits public mischief
  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or
  • (b) is guilty of an offence punishable on summary conviction.

If charged with a mischief offence please contact P.G. Kent immediately.