What are the best defences to a mischief charge?

By Last Updated: July 26, 2022

What are the best defences to a mischief chargeThe best defence to your mischief charge will depend entirely on the specific circumstances of your case. As such, in order to determine the best way to beat your mischief charge, you should contact one of our criminal defence lawyers as soon as possible. We will review all of the evidence that the Crown Prosecutor has against you, and we will be able to effectively determine what defences are available to you and inform you of what options you have going forward. However, some common defences that can be raised when you are facing a mischief charge include arguing that the Crown has not proven identity beyond a reasonable doubt, colour of right, and accident.

Identity:

Because the Crown needs to prove that it was in fact you who commit the offence before you can be found guilty of mischief, if you can raise a reasonable doubt about the fact that you were the one who commit the crime, you may be acquitted. Identity will often be a live issue in cases where the mischief was committed without any witnesses to the offence, where the witness statements reporting the offence are inconsistent, or where the witnesses that the Crown must rely on to prove your identity do not show up to trial. Sometimes there may not be witnesses or recordings of the offence, and the Crown therefore must rely solely on circumstantial evidence to establish your guilt. If the Crown is relying on only circumstantial evidence to prove your guilt, they will also have the burden of proving that the only inference that can be possibly drawn from the evidence presented at trial is that you are guilty of the offence.

Colour of Right:

Another possible defence to a mischief charge is to show that you thought you were legally permitted to destroy or interfere with the property by colour of right. Colour of right refers to a situation where you honestly and legitimately believed that a particular set of facts were true, when in fact they were not. However, had those facts been true, it would mean that you would not have been guilty of the offence. For example, this will most commonly be the case in situations where you honestly but mistakenly believed that you owned the property, and that you were therefore entitled to do what you wanted with it. If it had been true that the property you damaged or destroyed was wholly yours, you would not have been guilty of committing mischief. However, colour of right will not work as a defence where you believed that you were morally entitled to property, and therefore that it was ‘yours’. In order for the defence of colour of right to work, you need to be able to show that you had a valid reason to believe that you had a legitimate propriety interest in the property in question.

Accident:

One of the essential elements of mischief that the Crown must prove beyond a reasonable doubt is the mens rea element, or that you actually had an intent to commit the mischief. That is, they have to show that on some level you actually intended the results of your mischief, or that you were reckless as to whether you actions would result in the damage or destruction to property. If you damaged property only by accident, you will not have the guilty mind that is required for you to be found guilty of this offence.

About The Author

Michael Oykhman

Managing Partner

Michael Oykhman is a senior lawyer and founder of Strategic Criminal Defence, a full-service criminal law firm with central law offices across Western Canada and Ontario.

My professional experience consists of countless court appearances and thousands of successful defences and satisfied clients. Over the last 10 years, I have worked to build a law office where all the lawyers share our collective experience, resources, and passion to help people. Our team approach to legal representation is client–rather than only law–centred. We look for opportunities to add value to our clients through strategic thinking and creative solutions.

Ask A Question

We endeavor to respond to questions within 24 hours. If your matter is urgent, please call our office or submit a request for a free consultation.

Client Reviews

Michael Oykhman is a very professional lawyer and the first time I spoke to him he asked about my situation and he gave me some very helpful advice and assistance and also told me his odds of winning this case. During the days I was in contact with micheal I could feel the level of professionalism of him and his team, he is able to respond back to you with any questions you have within 24 hours. In the end he was as successful in helping me win my case as he had initially promised me.If you are still struggling to find a lawyer, I highly recommend Michael Oykhman.

R.W.

Please give yourself a favour and contact Mr. Michael Oykhman if you need any legal advice or if you are in a terrible situation. Even-tough, the odds are not in your favour, still they will go extra miles to help you out in bad situation and get you favourable outcome. Moreover, They will work on your file even after the business hours. I don’t have words to say thanks to Mr. Michael oykhman and Kiran Cheema who had worked on my file and get me out of trouble. I’m very grateful for your assistance and exceptional service. HIGHLY RECOMMENDED.

Y.

I am grateful that Ms. Moira McAvoy was my lawyer, and I remain thankful to her for everything. She made a successful resolution to my case possible. Ms. Moira McAvoy is a professional, trustworthy lawyer, and a compassionate person. She is an excellent listener and knowledgeable of the law. From the start, she was an excellent guide. I did not know anything about the legal system and court, and she outlined everything clearly in advance, so I could understand things. She never rushed me through anything. She spoke clearly, explained everything, considered what I said, and provided options and advice. She kept me up to date on new information, requirements, and deadlines. She was always positive and this helped so much.

C.S.

Ryan Patmore and his team are simply the best. I was bullied by CPS in 2020 and it landed me with three separate charges, assault, refusal to blow and DUI, which all went down as I was parked at a friends. After some research and a conversation with Michael, he directed me towards Ryan and at the time I didn’t know that would be a game changer in my favour! He is honest, transparent, helpful and a brilliant mind. He successfully appealed my license suspension with ATSB and then proceeded to get the crown to dismiss all my charges before trial. I never had to step foot inside a courtroom. If you are in need of a criminal defence lawyer, don’t think twice, get in touch with this firm and ask for Ryan Patmore! The guy is an absolute saviour.

A.P.

Joseph Beller, from the very beginning when I first contacted and then retained Joseph as my representative I felt I was in good hands. When I emailed him with a question. I got a prompt response. We communicated often on the phone as needed. Joseph kept me informed as to the process. He made sure I knew all the potential results so I knew and could plan for the different outcomes. I know this his his job. But appreciate his professionalism and also his ability to not make me feel any extra stress. Well done.

N.B.
READ OUR REVIEWS
GET A FREE CONSULTATION