< Canadian Criminal Sentencing < Cases
Arson
CaseCitationPrvCrtSentenceSummary
R v Augustine2012 NBCA 7NBCA5 years433 arson causing fire to dwelling, one attempt
R. v. Fitzgerald[2011] NSJ 718, 2010 NSPC 73NSPC5 yearslengthy record
R. v. Stephenson2011 ONCJ 484ONPC1 year + 3yP433 arson, set fire to him room and fled in taxi, age 30, long record, drug addiction, abused as youth.
R. v. Veinot2011 NSCA 120 NSCA3 yearsarson (unspecified), hired someone to burn down victim's home; motivated by revenge for prior court case
R. v. Ireland2011 ABPC 134ABPC2 years less a dayage 52, set fire to 3 story apartment building, 33 units, fire set recklessly
R. v. Levere2011 ONCA 576ONCA12 months CSOminor fire, age 58, no record
R. v. Meer2011 ABQB 46ABSC5 years434 and 433 arson,
R. v. Morgan-McDougall2011 ONCJ 119ONPC18 months CSOmentally ill, attempted suicide.
R. v. Nguyen2011 ONSC 6229ONSC2 yearsarson by negligence, house burned down, set up as meth lab
R. v. Popert2010 ONCA 89ONCA9 monthsburned down friend’s house, main issue was $40,537.50 restitution order, ONCA rejected 2 years less a day CSO.
R. v. Mirzakhalili2009 ONCA 905ONCA2 years less a dayburned down own building to defraud insurance of $200k
R. v. M. (C.P.)2009 ABPC 58ABPC434 arson, 1 year and probation after 18 mo remand credit13 fires
R. v. Ligato2009 ONCJ 405ONPC18 mo CSOmolotov cocktail into a salon $150,000 damage; no prior
R. v. Dervishaj2009 BCPC 94BCPC1 yearage 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 Oostwaard2009 ABPC 358ABPC36 monthsfirebombs house he knows to be occupied
R. v. Dervishaj2009 BCPC 94BCPC12 months434 arson, set car on fire
R. v. Porsch2008 BCCA 488BCCA9 years4 counts of counselling to commit arson (unspecified)
R. v. Doucet2008 ONCJ 267ONPC12 months (JR)
R. v. Aoun2008 ONCA 834ONCAtrial judge rejects CSO, CA upholds
R. v. Bauming2007 ABPC 223ABPC15 months CSO434.1 arson,
R. v. MacDonald[2007] BCJ 2978, 2007 BCPC 473BCPC40 months
R. v. Hall2007 BCPC 125BCPC30 monthsoffered $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. Munro2007 BCPC 178BCPC26 monthsset 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. Atwin2006 NBQB 287NBSC1 year + 2yPoffender pled guilty to 434, set fire to two buildings, not remorseful, enjoys setting fires,
R. v. Foster2006 NBQB 427NBQB12 months CSOsection 433 arson--set fire to house, $20,000 of damage
R. v. Grabowski2006 BCSC 1124BCSC10 yearsLTO, set fire to boat shed, store, two hotel rooms, four houses, research centre.
R. v. Engram2006 NBQB 280NBSC2 years less a day CSO435, 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. 3428ON30 months (JR)set fire to apartment building
R. v. Elliott[2005] O.J. No. 3886ON9 months434 arson, also sentenced on B&E
R. v. Barnes2005 BCCA 432BCCA2 yearskilled cats and stole cheques; set fire to gathering place for people with mental health issues, total damage was about $75,000.
R. v. Hudey2005 MBCA 145MBCA18 monthssubstantial damages. youthful; long record of breaching court orders,
R. v. Ross2005 ABCA 231ABCA2 yearsalso charged with mischief over, offender and another set fire to papers in cells.
R. v. Beckstrom2005 ABPC 196ABPC6 months (veh.), 12 months (garage)434 arson
R. v. Wright[2004] O.J. No. 3321ON2 years less a dayset fire to trunk in trailer during domestic dispute, also sentenced for domestic assault
R. v. Klair[2004] O.J. No. 2320ONCAlife
R. v. Hirnschall2003 CanLII 46450 (ON CA), [2003] O.J. No. 2296ONCA18 month CSOstarted 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. Bourgeois2003 NBPC 1NBPC4 yearsset fire to Catholic Church. extensive damage of $625,581. Offender age 51 with lengthy record, history of drug abuse
R. v. Brain2002 BCPC 218BCPC1 year + 3yPset fire to a quonset hut, value as $60,000. criminal record, pathological fire starter, had 1 year remand time.
R. v Fox2002 O.J. 2496 (Ont. C.A.)ONCA20 months CSOyouthful 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. 73NL2 years less a dayoffender burned down house after mother tried to sell it
R. v. Montgomery2002 ABPC 36ABPC3 years434 arson
R. v. Sandouga2002 ABCA 196ABCA2.5 years434 arson, hurled a Molotov cocktail at an Edmonton synagogue; hate crime
R. v. Roswell[2002] N.J. 73 (Nfld S.C.)NLSC2 years less a dayburned 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 1689BCSC6 yearsage 81--part of college burned down, $250k damage, 14 prior related convictions–-religious motive--$200k in restitution
R v McFee2001 NSCA 82NSCA3 monthsinmate offender threw matches at another, caused fire
R. v. Williams2001 NBQB 32NBSC9 monthstwo counts of arson, $570k range. offender age 24, was pyromaniac, prior record.
R. v. Etmannski2001 ABPC 90ABPC31 months433 and 433 arson, threw molotov cocktails through window of ex. No injuries.
R. v. Saba[2000] BCJ No2207, 2000 BCCA 580BCCA6 yearsconvicted 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 remand
R. v. Eng2000 BCCA 31BCCA11 yearsfive 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.)MBCA6 month CSOset fire to residential complex, intoxicated at the time, age 21, fetal alcohol syndrome,
R. v. Campbell[1999] O.J. No. 796ON3 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 Shore1999 BCCA 227BCCA2 years less a day CSOburned down boat while people sleeping in it--“substantial history of past psychiatric contact”
R. v. Allard[1999] B.C.J. No. 1912, 1999 BCCA 481BCCA4 yearsburned down his residence after being asked to leave
R. v. McBurney[1998] B.C.J. No. 895BC9 monthsset fire to fireworks store, no one else present, $15k in damage, CSO rejected
R. v. Murphy(1998), 126 Man.R.(2d) 138 (C.A.)MBCA3 yPappeal from 15 months jail--offender was schizophrenic--set fire to bed in attempt to commit suicide--9 months remand credit
R. v. Lenart(1998), 123 C.C.C. (3d) 353 (Ont. Gen. Div.)ONPC2 yearsarson (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 disorder
R v Peters[1998] S.J. No. 706SK18 monthsaccused 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. 5527ON2 years less a day CSOage 59, no remorse, supporting 2 children and wife, set own house on fire for insurance money
R. v. Young[1997] OJ No.6214 (OCJ)ONPC5 yearsoffender 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. 46BCCA2 years + 3yPalso 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. 205NB2 years, 3 monthscommercial arson
R. v. Malley[1994] NBJ No 279 (NBQB)NBSC22 months to 4.5 yearsthree youths sets fire to boat stored in building; $4 million damage
R. v. Grenkow[1994] 95 CCC 3d 255 (NSCA), 1994 CanLII 3965NSCA3 years433(a);set fire to condo complex
R. v. Wattenberger(1984), 56 A.R. 238 (C.A.), 1994 CanLII 240CA3 yearsemployee burned down grain elevator after being refused time off
R. v. Duncan[1983] NSJ 520 (NSCA)NSCA2 years 9 monthsset fire inside jail
R. v. Covey[1981] NSJ No. 56 (NSCA)NSCA5 years4 counts of arson, age 24, no record, diagnosis of personality disorder
R. v. Rhyno(1977), 19 NSR 359 (NSCA)NSCA2 months

Causing bodily harm or death

CaseCitationPrvCrtSentenceSummary
R. v. Mason2011 MBQB 66MBSC10 yearsarson causing bodily harm, and manslaughter. two people killed when accused, after drinking, set fire to rooming house.
R. v. Sheets2005 ABPC 164ABPC5 yearsarson causing death
R. v. Trecartin[1993] N.B.J. No. 658NB12 yearsarson causing death-set fire to house
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