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Vandalism is often considered a minor crime, such as spray painting graffiti on a wall or breaking a window. However, deliberately or recklessly damaging someone's property could land you in prison for up to 10 years depending on the extent of the damage. Vandalism is included in provisions covering mischief in s.430 (1) of the Criminal Code. While most charges stem from vandalism done to someone's property, you can be charged for damaging your own property if it is done with the intent to defraud someone else, such as an insurance company.
Table of Contents:
What is Vandalism?
There is no specific offence of vandalism in the Criminal Code. Instead, it is covered by mischief charges and can come in many forms. If you deface property, throw a rock through a window or dump trash in someone’s yard you can be charged with mischief. Property crimes cost victims billions of dollars each year, according to the Department of Justice (DoJ).
According to s. 430 (1) you can be charged with mischief if you wilfully:
- destroy or damage property;
- render property dangerous, useless, inoperative or ineffective;
- obstruct, interrupt or interfere with the lawful use, enjoyment or operation of property; or
- obstruct, interrupt or interfere with any person in the lawful use, enjoyment or operation of property.
A common form of vandalism is graffiti. According to a RCMP post on graffiti vandals may believe graffiti does no real harm. Some believe it to be an artform. However, the RCMP states graffiti sends the message that nobody cares, it can attract other forms of crime and it makes residents feel less safe. Cities throughout Canada have their own bylaws to deal with graffiti vandals, with fines of up to $5,000.
What is Needed to Convict
To win a conviction the Crown prosecutorLawyers who prosecutes charges on behalf of the Crown has the duty to prove beyond a reasonable doubtThe standard that must be exceeded to find someone guilty that you were responsible for the vandalism and that real damage was done. The Crown must also show you didn’t own the property that was damaged. The prosecutor does not have to show intent and it doesn’t matter how insignificant the damage was to be convicted
While causing damage to your own property is not against the law, if you do it with the intent to defraud you can be convicted of mischief. You can also be found guilty if the Crown proves you wilfully damaged a property you co-own with someone.
Any forensic or eyewitness evidence linking you to the vandalism can be challenged for its validity. Your defence lawyer may be able to show that your rights under the Canadian Charter of Rights and Freedoms were breached during a police investigation.
Treated as a Summary Conviction or Indictable Offence
Vandalism is considered a hybrid offenceAn offence prosecuted either as a summary conviction or as an indictable offence in the Code. If you are facing trial, the Crown can proceed with the as an indictable offenceIndictable offences are more-serious criminal offences and you can face a lengthy imprisonment. The prosecutor could deal with the offence as a summary convictionUsed for lesser offences, which has less severe punishments.
When deciding how to proceed, the prosecutor will consider such factors as the seriousness of the incident and your prior criminal record.
Penalties for Vandalism
The extent of the damage will determine your sentence. If your mischief causes more than $5,000 in property damage a judge can send you to prison for up to 10 years. If the damage was less than $5,000 and is prosecuted as a summary conviction, you can face a jail term of up to six months.
According to the DoJ, a judge may also order restitutionPaying the victim for financial losses suffered to cover a victim’s financial losses related to damages, injury or lost property due to the crime.
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Carroll & Wallace Barristers
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Glossary of Legal Terms
Crown prosecutor
Lawyers who act for the federal, provincial and territorial governments and prosecute people accused of crimes on behalf of the Crown.
Hybrid offence
Hybrid offences fall between a summary and an indictable offence. The Crown prosecutor chooses whether to treat the offence as a summary or indictable offence.
Indictable offence
Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments, up to a maximum penalty of life in prison.
Reasonable doubt
The Supreme Court of Canada has said that reasonable doubt “falls much closer to absolute certainty than to proof on a balance of probabilities” and “that something less than absolute certainty is required, and that something more than probable guilt is required."
Restitution
An order requiring the offender to pay the victim for financial losses the victim suffered because of the crime.
Summary conviction
Summary convictions are used for lesser offences with penalties, fines and short jail time. They reflect the majority of offences as defined in the Code.
