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Can spitting on private property lead to criminal charges?

Richmond RCMP clarifies how spitting could result on mischief charges
spitting
Richmond neighbours dispute over public parking spot and spit on car.

Spitting on public and private property is gross either way, but could charges be considered if you're caught spitting on someone else's property?

A Richmond resident found someone had been spitting on their car twice a day for an entire month and found it not only disrespectful but also unhygienic.

The Richmond News was told it was a dispute between neighbours over a street parking spot near townhomes in the Garden City neighbourhood.

Cpl. Kenneth Lau, media liaison officer with the Richmond RCMP, explained that spitting on someone's private property would be investigated as a mischief case.

"When investigating a neighbour dispute ... investigators would be determining whether the actions of the party meets the elements of the offence of mischief, as illustrated in Section 430(1)(c) of the Criminal Code," said Lau.

This means people could be charged if someone "wilfully" commits mischief by obstructing, interrupting or interfering with any person with or in the lawful use, enjoyment or operation of the property, according to the Criminal Code of Canada.

Lau added investigators would consider incidents on a case-by-case basis based on all the information collected, which then they would determine whether recommending charges is the "appropriate course of action in the matter."

"In many instances, the incident can be and is resolved by both parties informally before it gets to that point," said Lau.

On the other hand, spitting on a person would be investigated as an assault and considered an offence on a person.

This would be investigated under a separate section of the Criminal Code of Canada as someone applying force intentionally to another person directly or indirectly.

"A threat to apply force is sufficient to consider whether an assault has occurred. Expectorant can be perceived as a force applied," said Lau.

"In every case though, every report received would be documented on a file and will be thoroughly investigated, because spitting on someone or on their property is unacceptable conduct regardless of the circumstances."

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