Marginal note:Mischief relating to war memorials

(4.11) Everyone who commits mischief in relation to property that is a building, structure or part thereof that primarily serves as a monument to honour persons who were killed or died as a consequence of a war, including a war memorial or cenotaph, or an object associated with honouring or remembering those persons that is located in or on the grounds of such a building or structure, or a cemetery is guilty of an indictable offence or an offence punishable on summary conviction and is liable,

• (a) whether the offence is prosecuted by indictment or punishable on summary conviction, to the following minimum punishment, namely,

  • (i) for a first offence, to a fine of not less than $1,000,

  • (ii) for a second offence, to imprisonment for not less than 14 days, and

  • (iii) for each subsequent offence, to imprisonment for not less than 30 days;

• (b) if the offence is prosecuted by indictment, to imprisonment for a term not exceeding 10 years; and

• (c) if the offence is punishable on summary conviction, to imprisonment for a term not exceeding 18 months.