求助,遇到麻烦了 下周就要开庭

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至少是两项刑事指控:

1. 非法闯入私人领地(你去邻居的车道上划车,这肯定是Trespassing)最高6个月监禁
2. 故意损坏他人财务(刑法430.3,划车修理费肯定是有可能超过5000的)最高10年监禁

发干货,说真话,肯定会被键盘侠喷,如果他们喷我,你就找他们解决问题吧,点到为止。

Trespass to Property Act
Maximum‎: ‎six months jail and/or a $5,000 fine

Section 430(1) of the Criminal Code

  • 430(1) Every one commits mischief who wilfully
    • (a) destroys or damages property;
    • (b) renders property dangerous, useless, inoperative or ineffective;
    • (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
    • (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
  • Marginal note:Mischief in relation to computer data
    (1.1) Everyone commits mischief who wilfully
    • (a) destroys or alters computer data;
    • (b) renders computer data meaningless, useless or ineffective;
    • (c) obstructs, interrupts or interferes with the lawful use of computer data; or
    • (d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.
  • Marginal note:Punishment
    (2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
  • Marginal note:punishment
    (3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
    • (b) is guilty of an offence punishable on summary conviction.
  • Marginal note:Idem
    (4) Every one who commits mischief in relation to property, other than property described in subsection (3),
    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
    • (b) is guilty of an offence punishable on summary conviction.
  • Marginal note:Mischief relating to religious property, educational institutions, etc.
    (4.1) Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability,
    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
    • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
  • Marginal note:Definition of property
    (4.101) For the purposes of subsection (4.1), property means
    • (a) a building or structure, or part of a building or structure, that is primarily used for religious worship — including a church, mosque, synagogue or temple —, an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery;
    • (b) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as an educational institution — including a school, daycare centre, college or university —, or an object associated with that institution located in or on the grounds of such a building or structure;
    • (c) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) for administrative, social, cultural or sports activities or events — including a town hall, community centre, playground or arena —, or an object associated with such an activity or event located in or on the grounds of such a building or structure; or
    • (d) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as a residence for seniors or an object associated with that residence located in or on the grounds of such a building or structure.

是事实就要赞,毕竟法律就是法律。
 
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楼主过于担心了吧,首先车上划一道造成的损失肯定不会超过五千,其次录像未必能清晰显示你的面部,估计晚上光线昏暗的时候下手。最后,最坏的打算就是留案底了又如何?只要你不去找教师或者公务员的工作,没什么影响。事已如此,别乱了方寸
谢谢,我也准备到时候这么说,车超过5000不代表损失超过这个数。
但案底绝对不能留的,刚查了一下过去工作过的单位当时要的资料,基本都查过criminal record, 当时都是脑子不过画个No, 有了这个估计这些公司都不可能了。
 
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楼主过于担心了吧,首先车上划一道造成的损失肯定不会超过五千,其次录像未必能清晰显示你的面部,估计晚上光线昏暗的时候下手。最后,最坏的打算就是留案底了又如何?只要你不去找教师或者公务员的工作,没什么影响。事已如此,别乱了方寸
找工作背景调查听说过么
 
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至少是两项刑事指控:

1. 非法闯入私人领地(你去邻居的车道上划车,这肯定是Trespassing)最高6个月监禁
2. 故意损坏他人财务(刑法430.3,划车修理费肯定是有可能超过5000的)最高10年监禁

发干货,说真话,肯定会被键盘侠喷,如果他们喷我,你就找他们解决问题吧,点到为止。

Trespass to Property Act
Maximum‎: ‎six months jail and/or a $5,000 fine

Section 430(1) of the Criminal Code

  • 430(1) Every one commits mischief who wilfully
    • (a) destroys or damages property;
    • (b) renders property dangerous, useless, inoperative or ineffective;
    • (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
    • (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
  • Marginal note:Mischief in relation to computer data
    (1.1) Everyone commits mischief who wilfully
    • (a) destroys or alters computer data;
    • (b) renders computer data meaningless, useless or ineffective;
    • (c) obstructs, interrupts or interferes with the lawful use of computer data; or
    • (d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.
  • Marginal note:Punishment
    (2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
  • Marginal note:punishment
    (3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
    • (b) is guilty of an offence punishable on summary conviction.
  • Marginal note:Idem
    (4) Every one who commits mischief in relation to property, other than property described in subsection (3),
    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
    • (b) is guilty of an offence punishable on summary conviction.
  • Marginal note:Mischief relating to religious property, educational institutions, etc.
    (4.1) Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability,
    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
    • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
  • Marginal note:Definition of property
    (4.101) For the purposes of subsection (4.1), property means
    • (a) a building or structure, or part of a building or structure, that is primarily used for religious worship — including a church, mosque, synagogue or temple —, an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery;
    • (b) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as an educational institution — including a school, daycare centre, college or university —, or an object associated with that institution located in or on the grounds of such a building or structure;
    • (c) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) for administrative, social, cultural or sports activities or events — including a town hall, community centre, playground or arena —, or an object associated with such an activity or event located in or on the grounds of such a building or structure; or
    • (d) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as a residence for seniors or an object associated with that residence located in or on the grounds of such a building or structure.
Sorry, 指控只一项
 
最后编辑: 2019-09-13
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至少是两项刑事指控:

1. 非法闯入私人领地(你去邻居的车道上划车,这肯定是Trespassing)最高6个月监禁
2. 故意损坏他人财务(刑法430.3,划车修理费肯定是有可能超过5000的)最高10年监禁

发干货,说真话,肯定会被键盘侠喷,如果他们喷我,你就找他们解决问题吧,点到为止。

Trespass to Property Act
Maximum‎: ‎six months jail and/or a $5,000 fine

Section 430(1) of the Criminal Code

  • 430(1) Every one commits mischief who wilfully
    • (a) destroys or damages property;
    • (b) renders property dangerous, useless, inoperative or ineffective;
    • (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
    • (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
  • Marginal note:Mischief in relation to computer data
    (1.1) Everyone commits mischief who wilfully
    • (a) destroys or alters computer data;
    • (b) renders computer data meaningless, useless or ineffective;
    • (c) obstructs, interrupts or interferes with the lawful use of computer data; or
    • (d) obstructs, interrupts or interferes with a person in the lawful use of computer data or denies access to computer data to a person who is entitled to access to it.
  • Marginal note:Punishment
    (2) Every one who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life.
  • Marginal note:punishment
    (3) Every one who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds five thousand dollars
    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
    • (b) is guilty of an offence punishable on summary conviction.
  • Marginal note:Idem
    (4) Every one who commits mischief in relation to property, other than property described in subsection (3),
    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
    • (b) is guilty of an offence punishable on summary conviction.
  • Marginal note:Mischief relating to religious property, educational institutions, etc.
    (4.1) Everyone who commits mischief in relation to property described in any of paragraphs (4.101)(a) to (d), if the commission of the mischief is motivated by bias, prejudice or hate based on colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression or mental or physical disability,
    • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or
    • (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
  • Marginal note:Definition of property
    (4.101) For the purposes of subsection (4.1), property means
    • (a) a building or structure, or part of a building or structure, that is primarily used for religious worship — including a church, mosque, synagogue or temple —, an object associated with religious worship located in or on the grounds of such a building or structure, or a cemetery;
    • (b) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as an educational institution — including a school, daycare centre, college or university —, or an object associated with that institution located in or on the grounds of such a building or structure;
    • (c) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) for administrative, social, cultural or sports activities or events — including a town hall, community centre, playground or arena —, or an object associated with such an activity or event located in or on the grounds of such a building or structure; or
    • (d) a building or structure, or part of a building or structure, that is primarily used by an identifiable group as defined in subsection 318(4) as a residence for seniors or an object associated with that residence located in or on the grounds of such a building or structure.
里面两个笑脸太亮了
 
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谢谢,我也准备到时候这么说,车超过5000不代表损失超过这个数。
但案底绝对不能留的,刚查了一下过去工作过的单位当时要的资料,基本都查过criminal record, 当时都是脑子不过画个No, 有了这个估计这些公司都不可能了。
5000指的是你破坏的东西价值,而不是损失5000.
(3) Every one who commits mischief in relation to property ...... the value of which exceeds five thousand dollars
 

recluse

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我认为:

1)如果录像中楼主的影像不清晰,他有可能赢得官司;
2)如果我们的财产被人破坏,我们有证据表明是某人作案,
报警之后警方介入,他们会命令破坏者赔偿,但是一般不会起诉作案者。
如果破坏者拒绝赔偿,警方就可能但是不一定会起诉他。

我目击过这样的案子,这虽然对楼主没有帮助,
但是广大网友可以参考,因为破坏物品的事情经常发生。

免责声明: 我不是律师,不构成建议,参考本贴采取行动造成如何损失,
本人不承担任何责任。
 
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我认为:

1)如果录像中楼主的影像不清晰,他有可能赢得官司;
2)如果我们的财产被人破坏,我们有证据表明是某人作案,
报警之后警方介入,他们会命令破坏者赔偿,但是一般不会起诉作案者。
如果破坏者拒绝赔偿,警方就可能但是不一定会起诉他。

我目击过这样的案子,这虽然对楼主没有帮助,
但是广大网友可以参考,因为破坏物品的事情经常发生。

免责声明: 我不是律师,不构成建议,参考本贴采取行动造成如何损失,
本人不承担任何责任。

古道热肠,手动点赞
 
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As with many other criminal offences, identity may be an issue in some cases of mischief. The Crown Attorney must prove beyond a reasonable doubt that you were the person that damaged, destroyed, obstructed or interfered with another person’s property.
Mischief related to property is what is referred to in law as a general intent offence. Therefore, the prosecuting Crown Attorney does not need to prove specific intent on your part. Practically, what this means is the fact that you may have been intoxicated is not a defence to a charge of mischief. The Crown Attorney must also prove that you wilfully or recklessly damaged, destroyed, obstructed or interfered with another person’s property.
 
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几周前和西人邻居闹矛盾,我房子的东西很多给破坏了(但没监控),气不过把他的汽车画了一道,被他家监控录下来了后报了警,警察逮捕了,现在被指控犯破坏财产罪(5000以上),被照相录了指纹,下周就要开庭了。来加拿大10几年,就这样玩完了吗
麻烦了,一切靠证据.
 

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