Regina v. K.T.H. [Provincial Court of Alberta, Calgary – October 2016]

Section 430 of the Criminal Code of Canada – Mischief to Property

K.T.H., a middle-aged lady, had recently ended a relationship with a long-term boyfriend. As is often the case, the separation was less than amicable. There was a verbal dispute over the division of property, among other confrontations. K.T.H. was alleged to have gone to her ex-boyfriend’s workplace and dumped paint all over his vehicle. Unfortunately, for K.T.H., the incident was recorded by a video camera on a nearby building. K.T.H. was arrested at her home and charged with mischief to property. The video evidence of the impugned act made this case particularly challenging from a defence perspective. Sean Fagan successfully resolved the matter by way of the complete withdrawal of the charge.