Arson (Sentencing Cases)

This page was last substantively updated or reviewed January 2018. (Rev. # 88502)

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Case Digests

Sentencing cases for Arson.

2010 to present

Case Name	Prv.	Crt.	Sentence	Summary
R v Yellowknee, 2017 ABCA 60 (CanLII), per Rowbotham and Schutz JJA	AB	CA	12 months imprisonment	"The Court of Appeal upheld a sentence of twelve months for an indigenous man who texted his partner his intention to burn down the home he shared with her and then did so despite being on a recognizance barring him from having contact with her and from consuming alcohol. Their home, was destroyed, damaging a third party’s property as well. The accused appealed and argued that the Court did not give effect to the principles of Gladue. The minority concurring judgment was specifically rejected by the majority."
R v Hemmerling, 2017 BCPC 10 (CanLII), per Morgan J	BC	PC	2 years less a day, probation	The offender pleaded guilty to arson under s. 434. He was intoxicated, threatened family members and barricaded himself in the house before burning it down. "Mr. Hemmerling was sentenced to two years’ less a day plus three years’ probation for causing damage by fire to a dwelling house. He had threatened to hurt someone and to destroy his niece’s rental home (where he had been living) and to “take some cops down”. He was intoxicated. Prior to setting the fire, he used knives and threats of a shotgun to keep the police at bay. Police retreated and evacuated neighbours. Police made several attempts to apprehend him. He raged against police and family. He tried to induce the police to shoot him by pretending to grab guns. A taser was deployed but he shook that off. He said that he wanted to kill those would attempt to rescue him. Police extinguished the first and second fires he set but he set another. Police attempted to rescue him from the burning building. He continued to threaten to kill them and called them to come in. One officer tried to pull him through a window but he threatened to stab that officer. He was eventually rescued by police just as the residence collapsed and taken to the psychiatric ward where he continued to threaten police. The home-owners were denied insurance coverage over $5,000 because the accused was a tenant. The financial loss was devastating (approximately 150,000) to the owners one of whom was a retired pensioner. The accused had a good childhood but at age 13, began smoking marihuana and skipping school. He left after Grade 8 or 9. His record included an assault of his 10 year old daughter. He had a long period of stability after attending Miracle Valley Treatment Centre in 2005 to 2014. He volunteered for the Salvation Army and was a valued member of their team until he moved out of town and returned to alcohol and drug use. A month before the offence, he voluntarily admitted himself to the psychiatric ward. He had a long history of mental health issues and his current diagnoses were alcohol use disorder, marihuana use disorder (in remission for 25 years), and personality disorder (mixed features: borderline, dependent, antisocial features). He did not have a major mental disorder but rather an “immature personality organization and alcohol addiction”. The Accused was willing to attend a residential addictions recovery program and a bed was available. The Court concluded that Mr. Hemmerling’s actions were not caused by mental illness but rather by alcohol consumption and thus his moral culpability was not reduced by virtue of his mental health issues. A primary aggravating feature was the ongoing confrontation with police and continued efforts to set the house on fire. His stated intention to put police at risk was a significantly aggravating factor."
R v Pidgeon, 2016 ONCJ 334 (CanLII), per Konyer J	ON	PC	5 months + 2 yrs prob.	The offender was convicted of arson under s. 434. She set three fires within her home in attempt to look like an accident.
R v Berg, 2016 BCPC 379 (CanLII), per Gaffar J	BC	PC	3.5 years	"Mr. Berg received three and one half years less credit for time served for one count of arson that destroyed an occupied residence and one year concurrent for threatening to commit that arson. The offences targeted his ex-girlfriend. Her home was set alight in the middle of the night and was a total loss and neighbouring properties were damaged and had to be evacuated. Luckily, all the occupants escaped. His conduct was “significantly fuelled by alcohol” and was impulsive. He was remorseful and open to staying at a treatment facility. He frequently missed probation appointments. He had a difficult childhood marred by parental alcoholism and physical discipline. He dropped out of school in Grade 6 after experiencing significant physical and emotional abuse at the hands of his teachers. He worked as a mechanic for approximately 25 years before suffering severe head injuries and degenerative disc disease. He began drinking alcohol at age 11 and had been hospitalized on a psychiatric ward. Alcoholism and depression plagued his life. He was an angry person and that anger was out of control at the time of the offence. Mr. Berg was diagnosed with borderline personality disorder and anti-social personality disorder. He was assessed to be at high risk to engage in future violence and his mood difficulties, personality traits, impulsivity, poor distress tolerance, and substance use and lifestyle “generates situations where poor outcomes are more likely to take place” including risk to unintended targets. Custody provided more structure for him and without “genuine engagement in treatment programs, little long-term change” was expected. After a review of analogous cases, the court found the range to be between eighteen months and five years (at para. 38). Denunciation, specific and general deterrence, and rehabilitation were required. But for his health problems and initiative to identify and treat them, his sentence would have been higher. " [1]
R v Bos, 2016 ONCA 443 (CanLII), per Tulloch JA	ON	CA	18 months imprisonment	The offender was convicted at trial under s. 433 of burning down the garage and house owned by the family of her romantic partner. She was motivated by a desire to protect her reputation.
R v Sousa, 2014 ONCA 550 (CanLII), per Strathy CJ	ON	CA	6 months imprisonment	The offender was convicted at trial of arson for setting fire to her rental home in attempt to defraud her insurer.
R v Fournel, 2014 ONCA 305 (CanLII), per Pardu JA	ON	CA	3 years (arson) 5 years (global)
R v Jonah, 2014 ONCJ 19 (CanLII), per Harris J	ON	PC	6 months imprisonment	The offenders was convicted of arson by setting his bedroom on fire while he was still in it in an aborted attempt to commit suicide. He was 38 years old and suffered significant burn injuries.
R v Flett, 2013 MBQB 124 (CanLII), per McCawley J	MB	SC	6 months (arson) life (manslaughter)	accused set fire to a rooming house intending to kill persons who were not present at the time. The fire ended up killing five other people she did not know about.
R v Day, 2013 BCCA 172 (CanLII), per Kirkpatrick JA	BC	CA	17 months imprisonment	434 arson "The Court of Appeal upheld a sentence of two years less a day for a 47 year old man who had a long history of mental illness and substance abuse and who had an extensive criminal record sporting 28 convictions in the preceding seven years. The Accused had just been released from Kamloops Regional Correctional Centre seven days earlier. He burned down a camper owned by his father but which he sometimes used. The fire spread to another motorhome owned by farm workers and caused damage to a nearby vehicle. He warned his family sleeping in an adjacent house because he did not want anyone harmed. No one was injured. The Accused had been drinking all day when he set the fire and it was his intoxication and not his mental illness which caused him to commit the offence. The Accused sought a sentence of five months. The Court determined that the two year-less-a-day sentence was not “a substantial and marked departure from sentences customarily imposed on similar offenders in similar circumstances” as the offence was very serious and had potential for “erratic and unforeseen consequences”."
R v Crocker, 2013 CanLII 71 (NLSCTD), per Seaborn J	NL	SC	3 years imprisonment
R v Augustine, 2012 NBCA 7 (CanLII), per curiam	NB	CA	5 years imprisonment	433 arson causing fire to dwelling, one attempt
R v Fitzgerald, 2010 NSPC 73 (CanLII), [2011] NSJ 718, per Whalen J	NS	PC	5 years imprisonment	lengthy record
R v Stephenson, 2011 ONCJ 484 (CanLII), per Robertson J	ON	PC	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 (CanLII), per MacDonald CJ	NS	CA	3 years imprisonment	arson (unspecified), hired someone to burn down victim's home; motivated by revenge for prior court case
R v Ireland, 2011 ABPC 134 (CanLII), per Henderson J	AB	PC	2 years less a day imprisonment	age 52, set fire to 3 story apartment building, 33 units, fire set recklessly
R v Levere, 2011 ONCA 576 (CanLII), per curiam	ON	CA	12 months CSO	minor fire, age 58, no record
R v Meer, 2011 ABQB 46 (CanLII), per Burrows J	AB	SC	5 years	434 and 433 arson
R v Morgan-McDougall, 2011 ONCJ 119 (CanLII), per Pugsley J	ON	PC	18 months CSO	mentally ill, attempted suicide.
R v Nguyen, 2011 ONSC 6229 (CanLII), per McWatt J	ON	SC	2 years imprisonment	arson by negligence, house burned down, set up as meth lab
R v BRS, , [2011] O.J. 4273 (C.J.)(*no CanLII links)	ON	PC	2 years less a day	"The court imposed a sentence of two years less a day plus probation for three years after a guilty plea to arson with knowledge that the property was occupied, possession of incendiary material, mischief over and under $5000 and breach of probation. On the first occasion, the Accused splashed turpentine on his walls and threatened to light it on fire. Two days later, he punctured an aerosol can and sprayed the contents on his bed and lit it afire. He alerted the other residents and fled. The property was a total loss ($210,000). No one was injured. He had a significant criminal record. He had a chaotic childhood marred by parental drug use and violence which led to CAS involvement and a Big Brother who sexually abused him. He left home as soon as he could to live on the streets where he became involved in drug use and crime. He has not received counselling for his problems. He had little insight into his problems but clearly needed professional help. Until he gets that help, he poses a significant threat to society." [2]
R v Popert, 2010 ONCA 89 (CanLII), per Gillese JA	ON	CA	9 months imprisonment	burned down friend’s house, main issue was $40,537.50 restitution order, ONCA rejected 2 years less a day CSO.

2000 to 2009

Case Name	Prv.	Crt.	Sentence	Summary
R v Mirzakhalili, 2009 ONCA 905 (CanLII), per curiam	ON	CA	2 years less a day	burned down own building to defraud insurance of $200k
R v M(CP), 2009 ABPC 58 (CanLII), per Allen J	AB	PC	434 arson, 1 year and probation after 18 mo remand credit	13 fires
R v Ligato, 2009 ONCJ 405 (CanLII), per Blouin J	ON	PC	18 mo CSO	molotov cocktail into a salon $150,000 damage; no prior
R v Dervishaj, 2009 BCPC 94 (CanLII), per Ball J	BC	PC	1 year imprisonment age 28, found guilty of 434 at trial, set fire to SUV, vehicle exploded, accused injured. no remorse. no record, illegally in Canada.	{{{5}}}
R v Van Oostwaard, 2009 ABPC 358 (CanLII), per Barley J	AB	PC	36 months imprisonment	firebombs house he knows to be occupied
R v Dervishaj, 2009 BCPC 94 (CanLII), per Ball J	BC	PC	12 months	434 arson, set car on fire
R v Porsch, 2008 BCCA 488 (CanLII), per Hall JA	BC	CA	9 years imprisonment	4 counts of counselling to commit arson (unspecified)
CanLIIR-S	Doucet	1vlpf	2008 ONCJ 267 (CanLII)	{{{5}}}
R v Aoun, 2008 ONCA 834 (CanLII), per curiam	ON	CA		trial judge rejects CSO, CA upholds
R v Bauming, 2007 ABPC 223 (CanLII), per Maher J	AB	PC	15 months CSO	434.1 arson,
R v MacDonald, 2007 BCPC 473 (CanLII), [2007] BCJ 2978, per Romano J	BC	PC	40 months imprisonment
R v Hall, 2007 BCPC 125 (CanLII), per Rounthwaite J	BC	PC	30 months	The offender offered $500 to set fire to pub. He had a cocaine addiction, building unoccupied at the time. The building was completely destroyed, It was valued at 1.38 million. He had a dated unrelated record. He was remorseful.
R v Munro, 2007 BCPC 178 (CanLII), per Rounthwaite J	BC	PC	26 months	The offender set fire to pub for money. pub connected to hotel and restaurant facility. The fire did not spread beyond pub. total damage over $9 million. The offender was drug addict. youthful. remorseful.
R v Atwin, 2006 NBQB 287 (CanLII), per Cyr J	NB	SC	1 year + 2yP	The offender pled guilty to 434, set fire to two buildings, not remorseful, enjoys setting fires
R v Foster, 2006 NBQB 427 (CanLII), per McLellan J	NB	QB	12 months CSO	The offender was convicted for s. 433 arson. set fire to house, $20,000 of damage
R v Grabowski, 2006 BCSC 1124 (CanLII), per Bennett J	BC	SC	10 years	LTO, set fire to boat shed, store, two hotel rooms, four houses, research centre.
R v Engram, 2006 NBQB 280(*no CanLII links)	NB	SC	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] OJ No 3428(*no CanLII links)	ON		30 months (JR)	set fire to apartment building
R v Elliott, [2005] OJ No 3886(*no CanLII links)	ON		9 months imprisonment	434 arson, also sentenced on B&E
R v Barnes, 2005 BCCA 432 (CanLII), per Ryan JA	BC	CA	2 years	The offender 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 (CanLII), per Huband JA	MB	CA	18 months	substantial damages. youthful; long record of breaching court orders,
R v Ross, 2005 ABCA 231 (CanLII), per Costigan JA	AB	CA	2 years	also charged with mischief over, offender and another set fire to papers in cells.
R v Beckstrom, 2005 ABPC 196 (CanLII), per Fradsham J	AB	PC	6 months (veh.), 12 months (garage)	434 arson
R v Wright, [2004] OJ No 3321(*no CanLII links)	ON		2 years less a day imprisonment	set fire to trunk in trailer during domestic dispute, also sentenced for domestic assault
R v Klair, 2004 CanLII 8965 (ON CA), [2004] OJ No 2320, per Sharpe JA	ON	CA	life
R v Hirnschall, 2003 CanLII 46450 (ON CA), [2003] OJ No 2296, per Laskin JA	ON	CA	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 (CanLII), per Lordon J	NB	PC	4 years imprisonment	set fire to Catholic Church. extensive damage of $625,581. Offender age 51 with lengthy record, history of drug abuse
R v Brain, 2002 BCPC 218 (CanLII), per Doherty J	BC	PC		"The Accused was sentenced for arson to a Quonset hut and for possession of stolen property after trial to two years less one day plus probation for three years. The accused flicked a cigarette recklessly causing the fire which destroyed the hut. The hut was next to a residence. He had a record which included the manufacture and exploding of a pipe bomb. He was diagnosed as a pathological fire-starter. He had problems with alcohol and psychological problems. The court’s primary task was to protect the public. The range identified was two to three years." [3]
R v Fox, 2002 CanLII 41943 (ON CA), , (2002) O.J. 2496, per curiam	ON	CA	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 Makinaw, , [2002] A.J. 1529 (P.C.)(*no CanLII links)	AB	PC		"The Accused received a nine month sentence after guilty plea for setting two fires to a hotel knowing it was occupied. Counsel had made a joint submission for a conditional sentence for eighteen months. The court concluded that a conditional sentence was not appropriate. The Accused was intoxicated and had stacked up material in the hallway which he lit to keep warm. The sprinkler system activated. The fires caused $800 damage. The Accused was a 28 year old indigenous male. His criminal record included one theft and one impaired driving conviction for which he was received probation and was fined." [4]
R v Rowsell, 2002 CanLII 54000 (NLSCTD), [2002] NJ No 73, per Leblanc J	NL		2 years less a day imprisonment	offender burned down house after mother 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 Montgomery, 2002 ABPC 36 (CanLII), per Semenuk J	AB	PC	3 years imprisonment	434 arson
R v Sandouga, 2002 ABCA 196 (CanLII), per Fruman JA	AB	CA	2.5 years	434 arson, hurled a Molotov cocktail at an Edmonton synagogue; hate crime
R v Braun, 2001 BCSC 1689 (CanLII), [2001] BCJ No 2578 (BCSC), per McEwan J	BC	SC	6 years imprisonment	age 81--part of college burned down, $250k damage, 14 prior related convictions–-religious motive--$200k in restitution
R v McFee, 2001 NSCA 82 (CanLII), per Glube CJ	NS	CA	3 months imprisonment	inmate offender threw matches at another, caused fire
R v Williams, 2001 NBQB 32(*no CanLII links)	NB	SC	9 months	two counts of arson, $570k range. offender age 24, was pyromaniac, prior record.
R v Etmannski, 2001 ABPC 90 (CanLII), per Fradsham J	AB	PC	31 months	433 and 433 arson, threw molotov cocktails through window of ex. No injuries.
R v Saba, 2000 BCCA 580 (CanLII), [2000] BCJ No2207, per Southin JA	BC	CA	6 years imprisonment	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 remand
R v Eng, 2000 BCCA 31 (CanLII), per Finch JA	BC	CA	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 CanLII 27033 (MB CA), , (2000) 142 Man. R. (2d) 159, 212 W.A.C. 159 (CA), per Huband JA	MB	CA	6 month CSO	set fire to residential complex, intoxicated at the time, age 21, fetal alcohol syndrome,

1970 to 1999

Case Name	Prv.	Crt.	Sentence	Summary
R v Campbell, [1999] OJ No 796(*no CanLII links)	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 Campeau, , [1999] O.J. 2415 (CA)(*no CanLII links)	ON	CA	18 months imprisonment	"The Ontario Court of Appeal upheld an 18 month sentence after trial on defence appeal for an accused who poured gas on the porch of a home which was occupied by sleeping adults and children. The conduct was deliberate and required some planning and placed a number of lives at risk. The accused was not a first offender and had no remorse or contrition."
R v Shore, 1999 BCCA 227 (CanLII), per Southin JA	BC	CA	2 years less a day CSO	The offender burned down boat while people sleeping in it. He had a “substantial history of past psychiatric contact”
R v Allard, 1999 BCCA 481 (CanLII), [1999] BCJ No 1912, per Finch JA	BC	CA	4 years imprisonment	burned down his residence after being asked to leave
R v McBurney, 1998 CanLII 5141 (BC CA), [1998] BCJ No 895, per Lambert JA	BC	CA	9 months imprisonment	set fire to fireworks store, no one else present, $15k in damage, CSO rejected
R v Murphy, (1998), 126 Man.R.(2d) 138 (CA)(*no CanLII links)	MB	CA	3 yP	An appeal from 15 months jail sentence. The offender was schizophrenic. He set fire to bed in attempt to commit suicide. 9 months remand credit was given.
R v Lenart, 1998 CanLII 1774 (ON CA), 123 CCC (3d) 353, per Finalyson JA	ON	PC	2 years imprisonment	The offender was convicted of arson (unspecified). He set fire to rural home. He led a police chase; prior record of arson. He was diagnosed with a mental health condition. 6 months remand credit was given. He was on probation for a previous conviction for arson at the time. His record included 3 prior breaches. He denied needing treatment but was diagnosed as having an incurable personality disorder.
R v Peters, 1998 CanLII 13351 (SK PC), [1998] S.J. No 706, per Bekolay J	SK	PC	18 months CSO	The offender pleaded guilty to s. 434. She was told to move out. She got upset, smashed windows and set couch on fire. She made no attempts to put it out or get help. The house burnt to the ground. A psychiatrist found no illness, but said she had an anger management problem. She had a low risk to re-offend. She was youthful and remorseful. The judge adopted the recommendation of the sentencing circle.
R v Pella, [1997] OJ No 5527(*no CanLII links)	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)(*no CanLII links)	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 CanLII 2310 (BC CA), 120 CCC (3d) 482, 99 BCAC 46, per Southin JA	BC	CA	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] NBJ No 205(*no CanLII links)	NB		2 years, 3 months	commercial arson
R v Malley, 1994 CanLII 3910 (NB QB), [1994] NBJ No 279 (NBQB), per Riordon J	NB	SC	22 months to 4.5 years	three youths sets fire to boat stored in building; $4 million damage
R v Grenkow, 1994 CanLII 3965 (NS CA), [1994] 95 CCC (3d) 255, per Jones JA	NS	CA	3 years imprisonment	433(a);set fire to condo complex
R v Wattenberger, 1994 CanLII 240 (AB CA), (1984), 56 AR 238 (CA), per Harradence JA		CA	3 years	employee burned down grain elevator after being refused time off
R v Duncan, [1983] NSJ 520 (NSCA)(*no CanLII links)	NS	CA	2 years 9 months	set fire inside jail
R v Covey [1981] NSJ No 56 (NSCA), {{{2}}}(*no CanLII links)	NS	CA	5 years imprisonment	4 counts of arson, age 24, no record, diagnosis of personality disorder
R v Rhyno, (1977), 19 NSR 359 (NSCA)(*no CanLII links)	NS	CA	2 months

Causing Bodily Harm or Death

Case Name	Prv.	Crt.	Sentence	Summary
R v Mason, 2011 MBQB 66 (CanLII), per Keyser J	MB	SC	10 years	The offender was convicted of arson causing bodily harm and manslaughter. Two people were killed when the offender, after drinking, set fire to rooming house.
R v Sheets, 2005 ABPC 164 (CanLII), per Fradsham J	AB	PC	5 years	The offender was convicted of arson causing death.
R v Trecartin, 1993 CanLII 5382 (NB CA), [1993] NBJ No 658, per curiam	NB		12 years imprisonment	The offender was convicted of arson causing death for setting fire to a house.