Call Us: 1.877.528.5591

Elements of Mischief (Damage to Property) – Section 430(1)(a) and (b)

Date And Time (Of The Offence)

Jurisdiction (Where The Offence Occurred)

Complainant / Witnesses

Clearly identify each complainant and witness involved in the case. Succinctly state their involvement in the case and pay particular attention to their ability to identify the accused (see below)

Identity Of The Accused

The identification of the accused is often a weak point in the investigation

Consider three points in time where identification may be essential to your case.

  1. Who and how is the accused identified as the perpetrator of the crime?
  2. Who and how is the person arrested identified as the accused. In simple terms how do you know that the person you arrested is the same person who did the crime? This is particularly important in cases where there is a break in time (even a very short time) between the time of the infraction and the time of the arrest.
  3. Who will identify the perpetrator, and/or the person arrested in court?

Damaged Property

Describe the Damaged property

  • Who owns the property? Evidence of Ownership?
  • What was the condition of the property prior to the offence, and who will establish this evidence?
  • What is the estimate of the amount of damage done in dollar value?
  • Has the damage been photographed?

Willful Intention

What evidence will establish that the damage was intentional and not accidental?


Related Links: