Canadian Criminal Sentencing/Cases/Arson

Case Citation Prv CrtSentence Summary R v Augustine 2012 NBCA 7NBCA 5 years 433 arson causing fire to dwelling, one attempt R. v. Fitzgerald [2011] NSJ 718, 2010 NSPC 73NSPC 5 years lengthy recordR. v. Stephenson 2011 ONCJ 484 ONPC 1 year + 3yP 433 arson, set fire to him room and fled in taxi, age 30, long record, drug addiction, abused as youth. R. v. Veinot 2011 NSCA 120 NSCA 3 years arson (unspecified), hired someone to burn down victim's home; motivated by revenge for prior court case R. v. Ireland 2011 ABPC 134ABPC 2 years less a day age 52, set fire to 3 story apartment building, 33 units, fire set recklesslyR. v. Levere 2011 ONCA 576 ONCA 12 months CSO minor fire, age 58, no recordR. v. Meer 2011 ABQB 46 ABSC 5 years 434 and 433 arson, R. v. Morgan-McDougall 2011 ONCJ 119 ONPC 18 months CSO mentally ill, attempted suicide. R. v. Nguyen 2011 ONSC 6229 ONSC 2 years arson by negligence, house burned down, set up as meth lab R. v. Popert 2010 ONCA 89 ONCA 9 months burned down friend’s house, main issue was $40,537.50 restitution order, ONCA rejected 2 years less a day CSO. R. v. Mirzakhalili2009 ONCA 905 ON CA2 years less a dayburned down own building to defraud insurance of $200k R. v. M. (C.P.) 2009 ABPC 58ABPC 434 arson, 1 year and probation after 18 mo remand credit 13 fires R. v. Ligato2009 ONCJ 405 ONPC 18 mo CSO molotov cocktail into a salon $150,000 damage; no priorR. v. Dervishaj 2009 BCPC 94 BCPC 1 year age 28, found guilty of 434 at trial, set fire to SUV, vehicle exploded, accused injured. no remorse. no record, illegally in canada.R. v. Van Oostwaard 2009 ABPC 358 ABPC 36 months firebombs house he knows to be occupied R. v. Dervishaj 2009 BCPC 94BCPC 12 months 434 arson, set car on fire R. v. Porsch2008 BCCA 488BCCA 9 years 4 counts of counselling to commit arson (unspecified)R. v. Doucet 2008 ONCJ 267ONPC 12 months (JR) R. v. Aoun 2008 ONCA 834 ONCA trial judge rejects CSO, CA upholdsR. v. Bauming2007 ABPC 223 ABPC 15 months CSO 434.1 arson, R. v. MacDonald [2007] BCJ 2978, 2007 BCPC 473BCPC 40 months R. v. Hall 2007 BCPC 125 BCPC 30 months offered $500 to set fire to pub. cocaine addiction, building unoccupied at the time. building completely destroyed, value 1.38 million. dated unrelated record. remorseful.R. v. Munro 2007 BCPC 178 BCPC 26 months set fire to pub for money. pub connected to hotel and restrauant facility. fire did not spread beyond pub. total damage ovre $9 million. offender was drug addict. youthful. remorseful.R. v. Atwin 2006 NBQB 287 NBSC 1 year + 2yP offender pled guilty to 434, set fire to two buildings, not remorseful, enjoys setting fires,R. v. Foster 2006 NBQB 427 NBQB 12 months CSO section 433 arson--set fire to house, $20,000 of damageR. v. Grabowski 2006 BCSC 1124 BCSC 10 years LTO, set fire to boat shed, store, two hotel rooms, four houses, research centre.R. v. Engram 2006 NBQB 280 NBSC 2 years less a day CSO 435, 434.1 arson, burned down house for insurance, offender had excellent employment history, no record, just broken up with girlfriend, no risk to reoffend.R. v. Ramsey [2005] O.J. No. 3428 ON 30 months (JR) set fire to apartment building R. v. Elliott [2005] O.J. No. 3886 ON 9 months 434 arson, also sentenced on B&ER. v. Barnes 2005 BCCA 432 BCCA 2 years killed cats and stole cheques; set fire to gathering place for people with mental health issues, total damage was about $75,000.R. v. Hudey 2005 MBCA 145 MBCA18 months substantial damages. youthful; long record of breaching court orders,R. v. Ross 2005 ABCA 231 ABCA 2 years also charged with mischief over, offender and another set fire to papers in cells.R. v. Beckstrom 2005 ABPC 196 ABPC 6 months (veh.), 12 months (garage) 434 arsonR. v. Wright [2004] O.J. No. 3321 ON 2 years less a day set fire to trunk in trailer during domestic dispute, also sentenced for domestic assaultR. v. Klair [2004] O.J. No. 2320 ON CA life R. v. Hirnschall 2003 CanLII 46450 (ON CA), [2003] O.J. No. 2296 ONCA 18 month CSO started fire in hotel he owned, age 58, brain aneurysm, no record, CA did not interfere with CSO, but stated “a conditional sentence for Mr. Hirnschall seems out of step with the recent judgments of this court in arson cases”.R. v. Bourgeois 2003 NBPC 1 NBPC 4 years set fire to Catholic Church. extensive damage of $625,581. Offender age 51 with lengthy record, history of drug abuseR. v. Brain 2002 BCPC 218 BCPC 1 year + 3yP set fire to a quonset hut, value as $60,000. criminal record, pathological fire starter, had 1 year remand time.R. v Fox 2002 O.J. 2496 (Ont. C.A.)ONCA 20 months CSO youthful offender was intoxicated, broke into cottage and inadvertently set fire to cottage. Cottage was unoccupied, but owned by elderly couple. Damage was between $10-15,000. CSO extended from 12 months but stated that “[the trial judge sentence] was unfit for such a serious offence. ... no good purpose would be served by converting the conditional sentence to a custodial one at this juncture.” R. v. Rowsell [2002] N.J. No. 73 NL 2 years less a day offender burned down house after mother tried to sell it R. v. Montgomery 2002 ABPC 36 ABPC 3 years 434 arson R. v. Sandouga 2002 ABCA 196 ABCA 2.5 years 434 arson, hurled a Molotov cocktail at an Edmonton synagogue; hate crimeR. v. Roswell [2002] N.J. 73 (Nfld S.C.)NLSC 2 years less a day burned down mother’s house once she tried to sell it -- underlying issues with drugs alcohol and mental health – difficult childhood – personality disorder--was drinking at time--CSO not appropriate R. v. Braun [2001] BCJ No 2578 (BCSC), 2001 BCSC 1689 BCSC 6 years age 81--part of college burned down, $250k damage, 14 prior related convictions–-religious motive--$200k in restitution R v McFee 2001 NSCA 82 NSCA 3 months inmate offender threw matches at another, caused fireR. v. Williams 2001 NBQB 32 NBSC 9 months two counts of arson, $570k range. offender age 24, was pyromaniac, prior record. R. v. Etmannski 2001 ABPC 90 ABPC 31 months 433 and 433 arson, threw molotov cocktails through window of ex. No injuries. R. v. Saba[2000] BCJ No2207, 2000 BCCA 580 BCCA 6 years convicted of mischef causing danger to life; age 21 ; set fire to apartment building he lived in; 80 tenants in building; 22 tenants rescued by firefighters; already had 22 mo remandR. v. Eng 2000 BCCA 31 BCCA 11 years five counts of arson, two office units, one residence, one office building, and a dormatory; paranoid schizophrenic, previous record for arson, no remorse.R. v. Herbert (2000) 142 Man. R. (2d) 159, 212 W.A.C. 159 (C.A.) MBCA 6 month CSO set fire to residential complex, intoxicated at the time, age 21, fetal alcohol syndrome, R. v. Campbell [1999] O.J. No. 796 ON 3 years (JR) 39 years old, no record, letting gas escape in his home, explosion distroyed his and two other houses. 37 homes damaged. $2 million in damage, offender only person injured, attmempted suicide. R v Shore 1999 BCCA 227 BCCA 2 years less a day CSO burned down boat while people sleeping in it--“substantial history of past psychiatric contact” R. v. Allard [1999] B.C.J. No. 1912, 1999 BCCA 481 BCCA 4 years burned down his residence after being asked to leave R. v. McBurney [1998] B.C.J. No. 895 BC 9 months set fire to fireworks store, no one else present, $15k in damage, CSO rejectedR. v. Murphy (1998), 126 Man.R.(2d) 138 (C.A.) MBCA 3 yP appeal from 15 months jail--offender was schizophrenic--set fire to bed in attempt to commit suicide--9 months remand creditR. v. Lenart (1998), 123 C.C.C. (3d) 353 (Ont. Gen. Div.) ONPC 2 years arson (unspecified); set fire to rural home; offender led a police chase; prior record of arson; diagnosed with mental health condition--6 months remand credit--on probation for a previous conviction for arson at the time-– record included 3 prior breaches--denied needing treatment--had incurable personality disorderR v Peters [1998] S.J. No. 706SK 18 months accused was told to move out, got upset, smashed windows and set couch on fire--house burnt to the ground R. v. Pella [1997] O.J. No. 5527 ON 2 years less a day CSO age 59, no remorse, supporting 2 children and wife, set own house on fire for insurance money R. v. Young [1997] OJ No.6214 (OCJ) ON PC 5 years offender also charged with killing cattle and threats; burned down a barn; judge lowered sentence for totality (p.7)R. v. Deen (1997), 120 C.C.C. (3d) 482, 99 B.C.A.C. 46BCCA 2 years + 3yP also charged with theft over, break and enter; motivated by need for drug money; damage total 3.2 million; offender of good character and remorseful; overturned 4 year sentence R. v. Beland [1995] N.B.J. No. 205 NB 2 years, 3 months commercial arson R. v. Malley [1994] NBJ No 279 (NBQB) NBSC 22 months to 4.5 years three youths sets fire to boat stored in building; $4 million damage R. v. Grenkow [1994] 95 CCC 3d 255 (NSCA), 1994 CanLII 3965NS CA 3 years 433(a);set fire to condo complex R. v. Wattenberger (1984), 56 A.R. 238 (C.A.), 1994 CanLII 240 CA 3 years employee burned down grain elevator after being refused time off R. v. Duncan [1983] NSJ 520 (NSCA) NS CA 2 years 9 months set fire inside jail R. v. Covey [1981] NSJ No. 56 (NSCA)NSCA 5 years 4 counts of arson, age 24, no record, diagnosis of personality disorder R. v. Rhyno (1977), 19 NSR 359 (NSCA) NSCA 2 monthsArson Causing bodily harm or death Case Citation Prv CrtSentence SummaryR. v. Mason 2011 MBQB 66 MBSC 10 years arson causing bodily harm, and manslaughter. two people killed when accused, after drinking, set fire to rooming house.R. v. Sheets 2005 ABPC 164 ABPC 5 years arson causing deathR. v. Trecartin [1993] N.B.J. No. 658 NB 12 years arson causing death-set fire to house Category:Criminal Case Digests