Mischief (Sentencing Cases)

From Criminal Law Notebook
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This page was last substantively updated or reviewed January 2016. (Rev. # 88563)

Under 5,000

Case Name Prv. Crt. Sentence Summary
R v Lee, 2012 BCSC 137 (CanLII), per Dillon J BC SC Suspended Sentence age 45 , no record, holds PHD, destroyed clothing in a holt renfrue store. Counselling required.
R v Hollett, [2011] NJ No 327 (P.C.)(*no CanLII links) NL PC
R v Skinner, 2011 NLTD(G) 104 (CanLII), per Goodridge J NL SC
R v Smith, 2011 NLTD 123 (CanLII), per Stack J NL SC
R v Charlebois, 2011 ABPC 238 (CanLII), per Fradsham J AB PC $2000 fine; discharges denied
R v Akin, 2011 ABPC 201 (CanLII), per Fradsham J AB PC graffiti-- offender was 18 years old and was not taking his ADHD medications at the time.
R v TWW, 1996 CanLII 8706 (NSCA), per Clarke CJ NS CA 8 months custody and 16 months probation (global) Youth made bomb and put it under teacher's car. See Use or Possession of Explosives (Sentencing Cases)
R v Bricker, 1994 CanLII 630 (ON CA), per Laskin JA ON CA time served (2 years) 60 year old ties up 911 line for 12 minutes; threatened police; lengthy record

Over $5,000

Case Name Prv. Crt. Sentence Summary
R v Banks, 2012 NBQB 133 (CanLII), per McLellan J NB SC 21 months imprisonment damaged sprinkler system in correctional facility $300k+ in damage
R v Crothers, 2011 NBQB 380 (CanLII), per McLellan J NB SC 18 months CSO damaging property of correctional facility; joint recommendation; $350,000.00 of damage
R v Cote, 2011 ONCJ 778 (CanLII), per Feldman J ON PC 6 months imprisonment damage police cars during G20 riot
R v Muzzin, 2012 ONCJ 83 (CanLII), per M Green J ON PC 60 days imprisonment smashed windows of stores during G20 protest in downtown toronto
R v Coon, 2012 ONCJ 72 (CanLII), per Weinper J ON PC 12 months CSO damage to several store fronts, mischief over 5k

Mischief to Data

Case Name Prv. Crt. Sentence Summary
R v Vachon-Desjardins, 2022 ONCJ 43 (CanLII), per Renwick J ON PC 7 years imprisonment
R v Charania, 2014 ONSC 1695 (CanLII), per Goodman J ON SC discharge with 9 months probation The offender was convicted of mischief to data and unauthorized use of a computer, the latter count was stayed under Kienapple. He was a disgruntled employee at a nursing home. He remotely accessed his employer's email account to forward emails to himself. The judge overturned a sentence of a $1,300 fine and 18 months probation.