Mischief (Sentencing Cases): Difference between revisions

From Criminal Law Notebook
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==Over $5,000==
==Over $5,000==
{{SCaseHeaderLong}}
{{SCaseHeaderLong}}
{{SCaseLong|''R v Banks'', <br>[http://canlii.ca/t/fr5zn 2012 NBQB 133] (CanLII){{perNBQB| McLellan J}} |NB|SC| {{JailM|21}} | damaged sprinkler system in correctional facility $300k+ in damage}}
{{SCaseLong|{{CanLIIR-S|Banks|fr5zn|2012 NBQB 133 (CanLII)}}{{perNBQB| McLellan J}} |NB|SC| {{JailM|21}} | damaged sprinkler system in correctional facility $300k+ in damage}}
{{SCaseLong|''R v Crothers'', <br>[http://canlii.ca/t/fpktf 2011 NBQB 380] (CanLII){{perNBQB| McLellan J}}|NB|SC | {{CSOM|18}} | damaging property of correctional facility; joint recommendation; $350,000.00 of damage}}
{{SCaseLong|{{CanLIIR-S|Crothers|fpktf|2011 NBQB 380 (CanLII)}}{{perNBQB| McLellan J}}|NB|SC | {{CSOM|18}} | damaging property of correctional facility; joint recommendation; $350,000.00 of damage}}
{{SCaseLong|''R v Cote'',<br> [http://canlii.ca/t/fpg8g 2011 ONCJ 778] (CanLII){{perONCJ|Feldman J}}| ON|PC| {{JailM|6}} | damage police cars during G20 riot}}
{{SCaseLong|''R v Cote'',<br> [http://canlii.ca/t/fpg8g 2011 ONCJ 778] (CanLII){{perONCJ|Feldman J}}| ON|PC| {{JailM|6}} | damage police cars during G20 riot}}
{{SCaseLong|''R v Muzzin'', <br>[http://canlii.ca/t/fq5pf 2012 ONCJ 83] (CanLII){{perONCJ|M Green J}}|ON|PC | {{JailD|60}} | smashed windows of stores during G20 protest in downtown toronto}}
{{SCaseLong|{{CanLIIR-S|Muzzin|fq5pf|2012 ONCJ 83 (CanLII)}}{{perONCJ|M Green J}}|ON|PC | {{JailD|60}} | smashed windows of stores during G20 protest in downtown toronto}}
{{SCaseLong|''R v Coon'', <br>[http://canlii.ca/t/fq34l 2012 ONCJ 72] (CanLII){{perONCJ|Weinper J}} |ON|PC | {{CSOM|12}} | damage to several store fronts, mischief over 5k}}
{{SCaseLong|{{CanLIIR-S|Coon|fq34l|2012 ONCJ 72 (CanLII)}}{{perONCJ|Weinper J}} |ON|PC | {{CSOM|12}} | damage to several store fronts, mischief over 5k}}
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{{SCaseLong|''R v Charania'', <br>[http://canlii.ca/t/g66v8 2014 ONSC 1695] (CanLII){{perONSC|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.}}
{{SCaseLong|{{CanLIIR-S|Charania|g66v8|2014 ONSC 1695 (CanLII)}}{{perONSC|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.}}


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Revision as of 11:11, 29 January 2021

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] N.J. 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 (NS CA), 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 C.A.), 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 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.