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 Kingston, Ontario.
Damage to or interference with property — graffiti, vandalism, obstruction. Available defences turn on intent, ownership, and proportionality.
- Courthouse
- Frontenac County Court House (Ontario Court of Justice)
- Court Phone
- (613) 548-6811
- 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 Kingston
Kingston handles matters from the 401 between Belleville and Brockville. OPP enforcement is heavy through this corridor and stunt-driving charges are common.
Frontenac County Court House (Ontario Court of Justice)
279 Wellington Street, Kingston, ON K7K 0B5
(613) 548-6811
Charged with mischief?
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