i.
What the charge means
Mischief under s.430 covers wilful destruction, damage, rendering useless, or obstruction of the lawful use of property. Mischief under $5,000 is the most common variant.
Criminal Code s.430
Mischief charges in Hamilton, Ontario.
Damage to or interference with property — graffiti, vandalism, obstruction. Available defences turn on intent, ownership, and proportionality.
- Courthouse
- John Sopinka Courthouse (Ontario Court of Justice)
- Court Phone
- (905) 645-5252
- Consultation
- Free & Confidential
ii.
Penalties
Summary mischief under $5,000: up to 2 years less a day. Indictable forms carry significantly higher penalties depending on the value and target of the property.
iii.
Available defences
- Colour of right
- Accidental damage (no intent)
- Consent of the owner
- Charter — search and seizure
iv.
The process
Disclosure review, restitution discussions, Crown resolution, peace bond, or trial.
v.
Notes for Hamilton
Hamilton serves Hamilton, Ancaster, Dundas, Stoney Creek, and Flamborough. Summary criminal matters proceed at the John Sopinka Courthouse; HTA and POA matters at the Main Street East Provincial Offences court.
John Sopinka Courthouse (Ontario Court of Justice)
45 Main Street East, Hamilton, ON L8N 2B7
(905) 645-5252
Charged with mischief?
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