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Elements of Mischief (Lawful Use of Property) – Section 430(1)(c) and (d)

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?

Use, Enjoyment or Operation of Property

There must be evidence that the property was made unsuitable (even temporarily) for its intended purpose

Describe the affected property

  • Who owns the property? Or is this public property?
  • What was the intended purpose of the property prior to the offence.  How (or who) will establish this as evidence?
  • Describe the actions of the accused?
  • How did these actions interfere in the use or enjoyment of the property ?  This will be established by witness statements.

Willful Intention

Do the described actions of the accused establish that the obstruction, interruption or interference was intentional and not accidental?

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