Legal Project Management Plan & Checklist
How to defend a charge of Mischief Endangering Life under Section 430(2) of the Criminal Code.
What is the penalty for mischief endangering life?: This is a strictly indictable offence carrying a maximum penalty of life imprisonment.
What must the Crown prove?: The Crown must prove beyond a reasonable doubt that the physical damage or interference with the property actually caused a real danger to human life, not merely a theoretical risk.
Jurisdiction: Superior Court of Justice (Ontario)
The Process at a Glance: Due to the life imprisonment exposure, this offence is strictly indictable. Counsel must elect the mode of trial (typically judge and jury in the Superior Court) and demand a preliminary inquiry to test the Crown's evidence regarding the causal link between the property damage and the danger to life.
Key Legislation and Case Law: Prosecuted under s. 430(2) of the Criminal Code. Preliminary inquiries are governed by s. 535.
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