Are there efficient laws protecting people from detraction of their belongings in the Canadian Criminal Code?
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Are there efficient laws protecting people from detraction of their belongings in the Canadian Criminal Code?
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Example:
Your girlfriend is extremely angry at you for whatever reason and she decides to ruin your PC and throw your belongings out of the window where they are destroyed by the fall and the rain. Can you sue her? Do you really have a chance of winning? If you do, what kind of sentence will she receive and what kind of compensation will you receive?
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Kaper
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Suing has nothing to do with the Criminal Code.
In that situation the person could be arrested for Mischief Property Damage under $5000. Disturbing the Peace must occur in a public place. Assault would only apply if the items were thrown at you.
If she was found guilty, the sentence would depend on her record and the seriousness of the offence. For something like this, jail time is unlikely. It would most likely be Probation.
As a victim you do have the ability to request restitution for the value of the belongings. You must fill out a form and the Judge can order you be paid if the person is found guilty. |
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Randy B
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If you choose to sue it has nothing at all to do with the Criminal Code. Suing is civil while the CC is criminal.
If you do choose to sue then you can determine the amount to sue for. The cost of repairing the damages, replacing the broken equipment, the cost of replacing/recovering the programs and data, the cost for lost wages if the PC was used for a business... You can also include court costs and, in some cases, punitive damages. How much the Court gives you would be up to how strong a case you had and how well you can articulate that case in Court.
The only way the CC would come into play would be if the police responded and made arrests for disturbing the peace, assault perhaps or any similar charge based on what happened. You would still have to sue for damages too because you would not get any compensation from a criminal trial...or at least not compensation like you are talking about. You may get some for medial expenses or therapy if you needed it after the incident but that comes from victims compensation funds that you need to apply for. |
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