Jail Time for Destruction of Property in Canada: An Overview





Jail Time for Destruction of Property in Canada: An Overview

Yes, you can go to jail for destruction of property. In the Criminal Code, destruction of property is referred to as mischief to property. The sentencing for mischief to property proceeds as follows: summary dispositions: minimum:none, maximum: 2 years less a day and/or $5000 fine. Indictable dispositions: minimum:none, maximum: 2 years incarceration, 10 years incarceration, life (endangering life)

Factors That Affect Sentencing

Refers to whether the defendant has entered into a plea agreement with the prosecution in exchange for a reduced sentence, or has provided information or assistance to the authorities during the investigation or prosecution of the case.
Refers to circumstances that may reduce the defendant’s responsibility or moral culpability for the offence, such as acting under duress or coercion, or because it was necessary to prevent greater harm.
Refers to the evidence or arguments presented by both the prosecution and the defence that may affect the sentence. For example, evidence of the defendant’s previous bad acts or mitigating circumstances such as mental illness or addiction.
Indicates military service, public service or other accomplishments which could affect the conviction.
For example, mandatory minimums, sentencing guidelines, or prevailing community attitudes towards punishing.
The extent to which the defendant has cooperated with law enforcement and other authorities in the investigation and prosecution of their own case may be a factor in sentencing. Cooperation may demonstrate acceptance of responsibility and may be considered by the court as a mitigating factor.
Age and any physical or mental health problems may play a role in a court deciding on a suitable sentence, e.g. a lesser sentence may apply to a person who is elderly or has a serious health problem.
Sentencing may be harsher than that of accomplices or those who played minor roles.
A defendant’s financial resources and ability to pay fines or other financial penalties may be considered in determining an appropriate sentence. The court may consider a defendant’s ability to pay restitution to the victim or victims and/or fines to the state.
Sentencing can be influenced by the aim to deter the defendant and others from committing similar crimes in the future. A harsh sentence may act as a deterrent, whereas a more lenient sentence may not have the same effect.
The safety and protection of the public is a key consideration in sentencing. A sentence may be tougher for an offender who poses a significant threat to public safety in order to prevent them from committing further offences.
The defendant’s potential for rehabilitation, or ability to be successfully treated or trained so as not to offend again, may be taken into account in determining the appropriate sentence.
Sentencing guidelines and mandatory minimum sentences set by state or federal law may be a factor in determining a sentence. The court must follow these guidelines and mandatory minimum sentences, though it may have some discretion in certain cases.
Aggravation is a factor in the offense or conduct which increases the penalty, whereas mitigation is a factor which reduces the penalty.
The views of the community and the judiciary on the appropriate punishment for a particular offence can be a factor in the determination of a sentence Public opinion and the views of the judge or sentencing panel can influence the perceived severity of a particular sentence.
The extent to which the accused assisted law enforcement or other authorities to investigate or prosecute the crime may be taken into account as a sentencing factor.
The age and mental and physical health of the accused may be relevant in determining the sentence, as these factors may affect the accused’s ability to understand the consequences of his or her actions and the potential for rehabilitation.
The defendant’s role in committing the offence may also be considered, with those who played a leading or more active role often receiving heavier sentences.
This factor refers to the specific details and events surrounding the offence that was committed, including the method used and any aggravating or mitigating circumstances that may apply.
This factor considers the previous criminal history of the accused, including any previous convictions, and the history of the previous sentences.
This takes into account all aspects of an accused person, including education, employment, family circumstances and any history of drug or alcohol abuse.
This factor takes into account the defendant’s demonstration of remorse for the offence committed, including any apology or expression of regret.
This factor assesses the physical, emotional and financial harm suffered by the victims/s by the crime and how the crime impacted on the victims/s life.

Contact Us

Been Arrested or Charged with A Criminal Offence? Get Help Now!

If you have been arrested or need assistance with a criminal matter, contact me to discuss your case.

Jeffrey I Reisman
Criminal Defence Lawyer
1000 Finch Ave. West, Suite 705 A
Toronto, ON M3J 2V5

Phone: 647-370-4282
Email: [email protected]

24/7 Availability And Client Support

20 Years Of Criminal Defence Experience