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(4) Every one who commits mischief in relation to property:
- (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
- (b) is guilty of an offence punishable on summary conviction.
Whether a person is charged with Mischief over Five Thousand Dollars or Mischief Under Five Thousand Dollars depends on the value of the property damaged not the amount of the damage.
We are often able to negotiate a withdrawal of these charges provided restitution is made and/or the damage is repaired.
This is also an example of number of offences that arise in a domestic context. You are permitted to damage or destroy your own property. However, if property is co-owned, a mischief charge can be laid.
Accidental damage does not support a conviction.
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