Justin's Case — Mischief (Road Rage) — Police Report

Client:  Justin D., Accused
Complainant:  Another Driver
Charge:  mischief to property, Criminal Code, ss. 430(1)(d) and 430(3)

Police Report:  On the 9th July 2005, police were called to a dispute incident in the parking lot located at 4696 Kennedy Road in the Town of Markham.

Upon arrival police spoke with a female party and a male party and learned that the female party's vehicle was damaged by the male party as a result of road rage.

At approximately 1415 hours, the female party was travelling eastbound on 16th Avenue and she made a right turn south on Kennedy Road. The male party was travelling southbound on Kennedy Road and was cut off by the female party. The male then followed the female party vehicle to the parking lot at 4696 Kennedy Road. The male party stopped his vehicle to block the female party and he banged on her window to ask her to get out of her vehicle. The female party was frightened and she put her vehicle in reverse and tried to get out of the parking lot, but she was blocked by his vehicle.

The reporting party, who is the wife of the male party, was standing at the back of the female party's vehicle which almost hit her. As a result, the male party smashed the mirror and door on the driver's side of the vehicle.

The male party provided two witness names who he claimed they saw what had happened. Police called the witnesses and they agreed to provide a written statement on the 10th July 2005 at 1500 hours at Five District Headquarters.

At 1707 hours, the male party was arrested for mischief. He was placed in the rear of police cruiser #546. Rights to counsel and caution were read to which he stated he understood. At 1743 hours the accused was released on a Form 9 with a court date on the 12th August 2005 and a fingerprint date on the 3rd August 2005.

Police obtained a written statement from the female party.

Count #1 — Mischief/Destroy Property, section 430(3)
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The accused is charged with mischief/destroy property as on the 9th July 2005 at approximately 1415 hours he became engaged in a dispute with a female party and he smashed the door and mirror on the driver's side of her vehicle contrary to section 430(1)(d) of the Criminal Code.

On 10th July 2005, the two witnesses Yen Chow and Wang Chow provided written statements to the police at 5 Five District Headquarters.

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