Danger to Life – Section 430(2)
In addition to meeting the elements of mischief, most likely damage to property, there must be evidence of “actual danger to life” in order to pursue this punishment. “Actual” danger will be different than “possible” danger. Evidence will need to show, not just that it was possible that someone could be hurt, but that someone was actually placed in danger. It is not necessary that someone is hurt but evidence will suggest it was a close call for someone. For example, ripping out a stop sign would be mischief, but ripping out the stop sign which resulted in a MVI may meet the elements of danger to life.
Related Links:
- Statutory Wording for Mischief – Section 430
- Elements of Mischief Homepage
- Elements of Mischief (Damage to Property)