Arson (Sentencing Cases)
| This page was last substantively updated or reviewed May 2024. (Rev. # 96755) |
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Offence Wording
- Arson — disregard for human life
433 Every person who intentionally or recklessly causes damage by fire or explosion to property, whether or not that person owns the property, is guilty of an indictable offence and liable to imprisonment for life where
- (a) the person knows that or is reckless with respect to whether the property is inhabited or occupied; or
- (b) the fire or explosion causes bodily harm to another person.
R.S., 1985, c. C-46, s. 433; 1990, c. 15, s. 1.
- Arson — damage to property
434 Every person who intentionally or recklessly causes damage by fire or explosion to property that is not wholly owned by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., 1985, c. C-46, s. 434; 1990, c. 15, s. 1.
- Arson — own property
434.1 Every person who intentionally or recklessly causes damage by fire or explosion to property that is owned, in whole or in part, by that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, where the fire or explosion seriously threatens the health, safety or property of another person.
1990, c. 15, s. 1.
- Arson for fraudulent purpose
435 (1) Every person who, with intent to defraud any other person, causes damage by fire or explosion to property, whether or not that person owns, in whole or in part, the property, is guilty of
- (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
- (b) an offence punishable on summary conviction.
- Holder or beneficiary of fire insurance policy
(2) Where a person is charged with an offence under subsection (1) [arson, fraud], the fact that the person was the holder of or was named as a beneficiary under a policy of fire insurance relating to the property in respect of which the offence is alleged to have been committed is a fact from which intent to defraud may be inferred by the court.
R.S., 1985, c. C-46, s. 435; 1990, c. 15, s. 1; 2019, c. 25, s. 163.
[annotation(s) added]
- Arson by negligence
436 (1) Every person who owns, in whole or in part, or controls property and who, as a result of a marked departure from the standard of care that a reasonably prudent person would use to prevent or control the spread of fires or to prevent explosions, is a cause of a fire or explosion in that property that causes bodily harm to another person or damage to property is guilty of
- (a) an indictable offence and liable to imprisonment for a term of not more than five years; or
- (b) an offence punishable on summary conviction.
- Non-compliance with prevention laws
(2) Where a person is charged with an offence under subsection (1) [arson, negligence], the fact that the person has failed to comply with any law respecting the prevention or control of fires or explosions in the property is a fact from which a marked departure from the standard of care referred to in that subsection may be inferred by the court.
R.S., 1985, c. C-46, s. 436; 1990, c. 15, s. 1; 2019, c. 25, s. 164.
[annotation(s) added]
Case Digests
Sentencing cases for Arson.
2010 to present
| Case Name | Prv. | Crt. | Sentence | Summary | |
|---|---|---|---|---|---|
| R v MacInnes, 2024 NSSC 143 (CanLII), per Chipman J | NS  |
SC | 2 years | Find summaries of case. | |
| R v Favell, 2023 ABCJ 136 (CanLII), per J | AB  |
PC | Find summaries of case. | ||
| R v Purvis, 2023 ABPC 29 (CanLII), per J | AB |
PC | Find summaries of case. | ||
| R v James-Davies, 2023 BCSC 2385 (CanLII) | BC  |
SC | Find summaries of case. | ||
| R v Stuart, 2023 ABCJ 99 (CanLII), per Brown J | AB |
PC | 2 years less a day CSO | Find summaries of case. | |
| R v Sorenson, 2023 BCSC 787 (CanLII) | BC |
SC | Find summaries of case. | ||
| R v Cornish, 2023 BCPC 248 (CanLII), per Dickey J | BC |
PC | 6 months CSO | Stared fire on Crown land in May 2022. She bought charcoal powder, lighter torches and butane containers. She was seen started fires in two areas. Find summaries of case. | |
| R v Doran, 2022 BCSC 1699 (CanLII) | BC |
SC | 2 years less a day | Find summaries of case. | |
| R v Cliffe, 2022 BCCA 305 (CanLII) | BC |
SC | Find summaries of case. | ||
| R v Connors, 2021 NLSC 178 (CanLII) | NL  |
SC | Find summaries of case. | ||
| R v Gabourie, 2021 ONCJ 9 (CanLII), per McLeod J | ON  |
PC | 900 days imprisonment (arson endangering) |
| |
| R v Côté, 2021 QCCQ 1004 (CanLII), per Compagnone J | QC  |
PC | Find summaries of case. | ||
| R v Warwick, 2021 BCPC 331 (CanLII), per Lamperson J | BC |
PC | Find summaries of case. | ||
| R v Woods, 2021 BCPC 307 (CanLII), per Challenger J | BC |
PC | Find summaries of case. | ||
| R v Hanson, 2020 BCSC 1248 (CanLII), per Wilson J | BC |
SC | |||
| R v Wiseman, 2020 NLSC 107 (CanLII) | NL |
SC | "a 25-year-old offender set his residence on fire while involved in a stand-off with the police. The offence was spontaneous and impetuous rather than planned and deliberate. The offender was deemed a high risk to reoffend, he had an extensive record for violent crime, and he was on parole at the time of the offence. He expressed remorse for the offences and pleaded guilty to the offence. The principle of general deterrence was emphasized and the presence of alcoholism and drug addiction was not considered a mitigating factor. The offender was sentenced to 30 months for arson" (Quoting from R v Connors, 2021 NLSC 178 (CanLII)) Find summaries of case. | ||
| R v Laforge, 2020 BCSC 1269 (CanLII), per Marchand J | BC |
SC | "Sentence: 18-months followed by 3 years probation. Indigenous offender pleaded guilty to setting a car on fire outside of a 7-11store. He waited for the occupants to leave the store and he chose the location because it was close to a firehall. He suffered from mental health and addictions issues and Gladue factors weighed heavily in the sentencing process owing to his childhood trauma and the disproportionate impact his status as an indigenous person had when it came to his sentencing. He was cooperative with authorities and willing to take treatment. His motive for the arson was to bring attention to his perceived plight. Nobody was injured. [s. 434 of the Code]" [1] Find summaries of case. | ||
| R v Li, 2020 BCSC 113 (CanLII), per Baird J | BC |
SC | "Sentence: 2 years jail. 50 year old offender convicted of arson contrary to s. 434.1. The Offender was a landlord who rented out a duplex complex he owned. Prior to the fire, the offender was in an argument with his tenant and had previously served an eviction notice upon him. On the day of the fire, the tenant yelled racial epithets at the offender who was on site. The offender then entered the garage and intentionally set fire to the tenant's belongings inside to intimidate the tenant or to force him off the property. The fire destroyed the tenant's property and damaged the garage and the duplex. The arson was premeditated and the offender used gasoline. Following the fire, the offender fled the scene to the airport where he arrived 30 minutes after the fire started. He was apprehended after getting medical assistance for burns he suffered. The offender had no record, was of good character and had a history of useful and gainful employment. [s. 434 of the Code]" [2] Find summaries of case. | ||
| R v Bohemier, 2020 MBPC 33 (CanLII), per Devine J | MB  |
PC | Find summaries of case. | ||
| R v Nicholas, 2020 ONSC 1701 (CanLII), per Aitken J | ON |
SC | Find summaries of case. | ||
| R v Parsons, 2020 CanLII 77114 (NL PC), per Gorman J | NL |
PC | Find summaries of case. | ||
| R v Morin-Duchesne, 2020 QCCQ 6605 (CanLII), per Laflamme J | QC |
PC | Find summaries of case. | ||
| R v Albarado, 2020 ONCJ 621 (CanLII), per Bacchus J | ON |
PC | 15 months | "While intoxicated both by drugs and alcohol, the accused set fire in his girlfriend’s apartment, after notifying her that he was going to kill himself. The fire caused $73,000 damage and several tenants were in harm’s way and had to be evacuated. The accused had attempted suicide previously and was apprehended under the Mental Health Act. Albarado was diagnosed with substance use disorders and substance induced psychosis. Albarado had no prior criminal record.
...The Court determined an appropriate sentence would be 15 months jail, before considering the harsh COVID restrictions inmates were experiencing. Albarado was sentenced to 12 months jail and three years probation." | |
| R v Hipkin, 2019 BCPC 243 (CanLII), per Burdett J | BC |
PC | Find summaries of case. | ||
| R v Fewer, 2019 NLSC 221 (CanLII), per O'Brien J | NL |
PC | 2 years | Find summaries of case. | |
| R v Monias, 2019 MBPC 34 (CanLII) | MB |
PC | Find summaries of case. | ||
| R v Bertrand Diamond, 2019 QCCQ 1884 (CanLII), per Tremblay J | QC |
PC | Find summaries of case. | ||
| R v Adzua, 2018 ONSC 1896 (CanLII), per Ratushny J | ON |
SC | suspended | "In Adzua, the accused set fire to his apartment, causing over $148,000 of property damage. He had mental health issues and a long history of alcohol misuse. The Crown sought a jail sentence between 18 to 24 months, followed by two years of probation. The court sentenced the accused to a suspended sentence and placed him on probation for a period of three years with terms that included seeking treatment." (Quoting from R v Hanssen, 2022 ONSC 5533 (CanLII)) Find summaries of case. | |
| R v Dennis , 2018 BCPC 270 (CanLII), per Armstrong J | BC |
PC | 2 years | "Sentence: 2 years jail followed by 3 years probation. 31 year old Indigenous offender set fire to a Sandman Inn in Kamloops where he and other family members were staying while they were evacuated by the forest fires raging on in the province. He had completed parole for a sexual offence just 71 days prior. He had a lengthy criminal history. At the time of the offence he had been consuming alcohol and drugs and was having difficulty adjusting to being released from custody. He trashed his hotel room at first and when police arrived he told them to arrest him. He had also set fire to his grandmother's suitcase that caused the sprinkler system to activate in the hotel. The sprinklers caused flooding and some property damage. He was found to have acted impulsively and without premeditation. His moral culpability was described as "complex" largely due to his indigeneity. [s. 433(a) of the Code]" [3] Find summaries of case. | |
| R v Nault, 2017 ABPC 296 (CanLII), per Semenuk J | AB |
PC | "the accused was found guilty of two counts of arson, careless storage of a firearm (s86) and unauthorized possession of a firearm(s92). He was found in constructive possession of a shotgun. He was sentenced to four and one-half years imprisonment for the arson and six months imprisonment for the possession of the shotgun. In Nault, there was no clear connection between the shotgun and the arson, which is different from this case." (Quoting from R v Hotchen, 2019 ABPC 226 (CanLII)) Find summaries of case. | ||
| R v Powell, 2018 BCPC 295 (CanLII), per Meyers J | BC |
PC | Find summaries of case. | ||
| R v Bogue, 2017 BCPC 58 (CanLII), per Merrick J | BC |
PC | "the accused was granted a suspended sentence and three years’ probation. While in a drug induced psychosis, the accused set four separate fires to the house he was renting. The fires caused more than $315,000 worth of damage, including destroying the accused’s vehicle. The fires put the neighbors at risk. Fortunately, no one was physically injured. Bogue had no prior criminal record... The Crown sought a jail sentence of 18 months, and Defence was pitching for a suspended sentence and probation for three years, or alternatively an intermittent jail sentence and three years’ probation... Aggravating factors considered were as follows: he attended a gas station and filled jerry cans which he used to set four separate fires; he propped open a door so the fire could spread; his actions put residential neighbors at risk; the damage was extensive; and while on bail, the accused, again during a state of psychosis, set another fire at a fire hall in a different jurisdiction.... The Court considered as mitigating the following: his guilty pleas, the accused had no prior criminal record, he was embarrassed, ashamed and remorseful; that although he was not under the influence of drugs at the time, he was nevertheless still suffering from a drug-induced psychosis; that he had made significant efforts towards rehabilitation, including an eight week treatment program, his psychiatrist believed the accused was a low risk of reoffending, he had family support, he was facing a significant civil action against him, and that his actions were not motivated by vengeance or malice. ....The Court assessed the accused’s mental health concerns to be exceptional circumstances that warranted the imposition of a suspended sentence and three years’ probation" Find summaries of case. | ||
| R v Sharun , 2017 BCPC 367 (CanLII), per Brecknell J | BC |
PC | suspended | "Judge Brecknell suspended sentence where the undiagnosed mentally ill offender suffered a psychotic break and attempted suicide by committing arson. He had no history of aggression and did not have a criminal record. After the event, Mr. Sharun received a mental illness diagnosis, was receiving treatment and had returned to his employment and volunteered in the community. He was a low risk to reoffend." "the Court sentenced the accused to a suspended sentence and three years’ probation. Sharun was 27 years old, and a first-time offender. He started several fires in his suite in an attempt to commit suicide. The building he resided in was a 16-unit building, and the total damage was $37,191.07. At the time of committing the offence, he was suffering with an undiagnosed mental health issue. The Court found that this was a “rare case where the standard of exceptional, unusual, or special circumstances has been met” and imposed a suspended sentence with 3 years’ probation. ...It should be noted that given the legislation at the time, a CSO was not available."[4] | |
| R v Leer, 2017 BCPC 235 (CanLII), per Koturbash J | BC |
PC | "Sentence: 3 years before credit for time served. 2 years followed by 3 years probation. 18-year old mentally ill female accused set fire to the townhouse complex she was living in with her mother. Just prior to the fire she was released from hospital and while driving home with her mother tried to steer their vehicle into oncoming traffic. Her mother called 911 to report her erratic behaviour and her concern that the offender was release from hospital prematurely. While the mother was talking to 911, the offender deliberately set the fire with a candle. It spread and caused damage in excess of $1 million. Nobody was hurt but it would have been foreseeable that other people would have been present. The accused presented a high risk to re-offend. [s. 433 of the Code]" [5] Find summaries of case. | ||
| 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." Find summaries of case. | |
| R v Ferguson, 2017 BCSC 2056 (CanLII), per Maisonville J | BC |
SC | Find summaries of case. | ||
| 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." (Quoting from R v Dennis, 2018 BCPC 270 (CanLII)) alternate summary in R v Wiseman, 2020 NLSC 107 (CanLII) Find summaries of case. | |
| R v Nendick, 2017 BCPC 253 (CanLII), per Rodgers J | BC |
PC | Find summaries of case. | ||
| R v Dustyhorn, 2017 SKQB 174 (CanLII), per Chicoine J | SK  |
SC | "the offender was a 27-year-old aboriginal man who had a criminal record dating back to when he was 15, including for manslaughter, for which he had just been released. The offender was a gang member who assaulted his partner and children and threatened to kill his partner and children. He also committed a brutal assault on a third party who came to the assistance of his partner and after they escaped the house, the offender intentionally set the house on fire. His intoxication during the offences was not a mitigating factor. The Court found that there was no evidence that the house was occupied, or the offender was reckless about whether it was occupied, so the offence involved property damage and not endangering life. The sentencing judge found that the range of sentence for arson in an unoccupied dwelling was two to five years, and sentenced the offender to four years for the arson charge, and a global sentence of six years and four months. On appeal the sentence of four years for arson was upheld as a fit sentence, however the sentence for the assault was increased;" (Quoting from R v Connors, 2021 NLSC 178 (CanLII)) Find summaries of case. | ||
| 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. Find summaries of case. | |
| 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. " (Quoting from R v Dennis, 2018 BCPC 270 (CanLII)) Find summaries of case. | |
| R v De Assumpcao, 2016 BCSC 874 (CanLII), per J | BC |
SC | Find summaries of case. | ||
| R v Nguyen, 2016 BCCA 381 (CanLII), per Bauman JA | BC |
CA | Find summaries of case. | ||
| 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. Find summaries of case. | |
| R v Rich, 2015 ABPC 261 (CanLII), per Semenuk J | AB |
PC | Find summaries of case. | ||
| R v Clifford, 2015 BCSC 875 (CanLII), per Macintosh J | BC |
SC | "ntence: 3 years jail. 49 year old offender with no record snuck onto an isolated remote property, destroyed trees that were contained in the orchard and burned down their garage. There was no fire service available due to the remoteness of the location and the victim tried to put out the fire without avail. Vehicles were destroyed as were other mementoes and other possessions in the garage. The offence was planned and characterized as vengeful, malicious, insidious, frightening, and menacing. The fire was in retaliation for a longstanding dispute and the offender had acted in as a vigilante. [s. 430 and s. 434 of the Code]" [6] Find summaries of case. | ||
| R v Richard, 2015 BCPC 93 (CanLII), per Gulbransen J | BC |
PC | "[Richard] the accused pleaded guilty to breaking and entering a dwelling house, two counts of aggravated assault and a charge of intentionally setting fire to property knowing that the property was occupied. The accused broke into the home of his estranged wife in the early hours of the morning hours and struck her with a mallet. He also struck their 13 year old daughter in the head when she tried to intervene. He then set the house on fire. The wife and children barely escaped before the house was destroyed. The offender had no previous record. The trial judge sentenced him to 10 years for the arson less credit of one and one-half years for time served. The sentences for the other offences were all to be served concurrently. The trial judge considered the arson charge to be the most serious because he endangered the lives of his wife and the children." Find summaries of case. | ||
| R v Hart, 2015 ONCA 480 (CanLII) | ON |
CA | Find summaries of case. | ||
| 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. Find summaries of case. | |
| R v Marion, 2014 BCSC 1425 (CanLII), per Tindale J | BC |
SC | "the 51‑year‑old offender, who had a history of substance abuse and mental illness and a criminal record spanning 35 years, including convictions for violent offences, tried to burn down the home in which he was a tenant by dousing mattresses in his suite with gas. He also put a propane tank in the oven. The 85‑year‑old owner, who lived in the suite upstairs, died in the resulting fire. After being satisfied that the appropriate range of sentence was 10 to 12 years, Mr. Justice Tindale sentenced the offender to six years and three months for manslaughter, and six years concurrent for arson. With credit for pre‑trial custody, this was an effective sentence of 10 years on the manslaughter." Find summaries of case. | ||
| R v Fournel, 2014 ONCA 305 (CanLII), per Pardu JA | ON |
CA | 3 years imprisonment (arson) 5 years (global) |
"The accused, Cecile Fournel, was a police officer who administered a sleeping aid to the complainant, her daughter-in-law who was in the midst of a matrimonial dispute with Cecile Fournel's son. The daughter-in-law fell asleep. Cecile Fournel then started a fire in the same room as the daughter-in-law. The daughter-in-law awoke in time to escape without injury. The Defence submits that the facts in Fournel are much more serious than those before this court and, therefore, a fit sentence for Mr. BEVACQUA should be significantly less than three years." Find summaries of case. | |
| R v Bevacqua, 2014 ONSC 6279 (CanLII), per Ricchetti J | ON |
SC | 4.5 years imprisonment | "[Bevacqua] the accused was convicted after trial of arson causing damage to property, arson endangering life and assault. The accused and his wife had an argument after 3:00 a.m. and the wife asked him to leave. The accused collected some of his belongings in the basement and left. Shortly thereafter the wife smelled smoke. She and the family were able to escape without injury but a family cat was killed in the fire. The trial judge took into consideration that the accused set fire to the home knowing that his family was asleep in the house in determining that a sentence at the top of the sentencing range was appropriate. He referred to the case of R v Fournel, 2012 ONSC 375 (with the appeal at 2014 ONCA 305) [Fournel, appeal decision] in determining that the sentencing range for arson endangering life is three to five years’ incarceration. The trial judge sentenced the offender to four and a half years on the s. 433 conviction (less one year credit for time served) and one and half years concurrent on the s. 434 conviction. He received a sentence of six months consecutive for the assault on his wife that had occurred three weeks prior to the arson." Find summaries of case. | |
| 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. Find summaries of case. | |
| R v Jandrew, 2014 BCPC 317 (CanLII), per Skilnik J | BC |
PC | "the accused pleaded guilty to four counts of arson: three under section 434 of the Code; and one under section 433, the difference being that the charge under section 433 involved the endangerment of life, although the trial judge noted that all of those charges can be said to do that to some extent. The trial judge noted that the maximum penalty under section 433 is life and the maximum penalty under section 434 is 14 years. The accused was sentenced to four years’ incarceration for the breach of section 433 and two-and-a-half years for each of the breaches of section 434, all to be served concurrently." (Quoting from R v Wiseman, 2020 NLSC 107 (CanLII)) Find summaries of case. | ||
| 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. Find summaries of case. | |
| R v Kwong, 2013 BCPC 8 (CanLII) | BC |
PC | |||
| 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”." Find summaries of case. | |
| R v Kwong, 2013 BCPC 8 (CanLII), per St. Pierre J | BC |
PC | Find summaries of case. | ||
| R v Crocker, 2013 CanLII 71 (NLSCTD), per Seaborn J | NL |
SC | 3 years imprisonment | "the offender pleaded guilty to break and enter at a medical clinic in Trout River, NL and the theft of prescription medication. The Crown sought a sentence of 3-4 years and the defence submitted that two and one-half to three years would be appropriate. The offender was 30 years old, had a Grade 10 education, and had no source of income. His psychiatrist confirmed that he struggled with alcohol and drug addiction and mental health issues. The offender had a short and unrelated record. The Court found that the offender’s guilty plea was a mitigating factor and sentenced him to three years imprisonment." (Quoting from R v Connors, 2021 NLSC 178 (CanLII)) Find summaries of case. | |
| R v Wells, 2012 BCSC 1980 (CanLII), per Silverman J | BC |
SC | "the offender, a 33‑year‑old aboriginal man with what the judge described as a tragic upbringing, and who had acquired an extensive criminal record, splashed gasoline all over the front of the porch of a house and lit it. This offence had occurred 13 years earlier, when he was 20. The two occupants of the house died in the resulting fire. He had not planned the offence, but had carried it out at another person’s direction. Mr. Justice Silverman imposed sentences of 11 years and 10 months' imprisonment, to be served concurrently, for two counts of manslaughter and one count of arson. The sentence would have been 14 years except for the credit given for time served and a further reduction to reflect the offender’s circumstances as an aboriginal offender." Find summaries of case. | ||
| R v Augustine, 2012 NBCA 7 (CanLII), per curiam | NB  |
CA | 5 years imprisonment | 433 arson causing fire to dwelling, one attempt Find summaries of case. | |
| R v Issaky, 2012 ONSC 2420 (CanLII), per Ratushny J | ON |
SC | "the 25‑year‑old offender, who was married with a young child but had a history of irresponsibility in his life, had put the flame of his lighter to a Christmas wreath in the hallway of an apartment building that he was visiting with friends. This was done as a prank. Although a mere plume of smoke was visible at the time he left the hallway, the resulting fire eventually caused a large, building‑wide conflagration that resulted the deaths of two residents, significant injuries to others, and large‑scale property damage. The sentencing judge determined that the most serious aggravating factor was the recklessness of the act. But for the guilty plea, the offender's relative youth, and the possibility of him still becoming a contributing member of society, a sentence of eight to nine years would have been appropriate. Instead, sentences of seven years concurrent on each count of manslaughter, less credit for pre‑trial custody, were imposed." Find summaries of case. | ||
| 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. Find summaries of case. | |
| 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. Find summaries of case. | |
| 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 Find summaries of 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 Find summaries of case. | |
| R v Davis, 2011 ABPC 319 (CanLII), per Ven de Veen J | AB |
PC | " [Davis] the accused pleaded guilty to two charges of setting fire to property and being reckless with respect to knowing whether the property was inhabited or occupied under s. 433(a) of the Criminal Code. The accused set fire to the exterior of the house where his girlfriend worked a night shift as a licenced practical nurse, taking care of a two year old child who has Downs Syndrome. It was 3:50 a.m. when she realized the house was on fire. She awoke the family members and all were able to escape. The child had to stay in hospital for several months because her life-preserving equipment was lost in the fire. The two charges related to the same incident, one arising as a result of occupancy by the child’s family and the other as a result of knowing that the house was occupied by the girlfriend. The accused was diagnosed with an alcohol abuse disorder and his criminal record included crimes of violence against former partners. The trial judge sentenced him to eight years concurrent on the arson charges. The judge took into consideration the extreme danger in which he placed his girlfriend and the family in the home." Find summaries of case. | ||
| R v Meer, 2011 ABQB 46 (CanLII), per Burrows J | AB |
SC | 5 years | 434 and 433 arson Find summaries of case. | |
| R v Cootes, 2011 BCCA 398 (CanLII), per Groberman J | BC |
CA | Find summaries of case. | ||
| R v Levere, 2011 ONCA 576 (CanLII), per curiam | ON |
CA | 12 months CSO | minor fire, age 58, no record Find summaries of case. | |
| R v Morgan-McDougall, 2011 ONCJ 119 (CanLII), per Pugsley J | ON |
PC | 18 months CSO | "The 50-year-old accused, with no prior criminal record, pled guilty to one count of arson and breaching a condition of her release. The accused and her husband were embroiled in a dysfunctional relationship and were in the midst of separating. They disagreed about the sale of the matrimonial home. The accused decided she wanted to kill herself and poured gasoline in the house. After she lit it, she changed her mind and left. Fire responders found her nearby in a ditch. The value of the damage was $280,000 and the financial loss to the estranged husband could not be fully recovered as the home was destroyed by the accused’s own criminal act.
... The Court heard viva voce evidence from the accused’s psychiatrist. The accused was diagnosed with suffering from a major effective disorder, coupled with a chronic substance abuse disorder related to alcohol. While the psychiatrist assessed that the accused may be a risk to herself, she was deemed not to be a risk to the community and the psychiatrist opined that the arson was an isolated act which would likely never repeat itself. ...The Court found that this offender was “exactly the type of offender that the CSO regime was intended to apply to – a non-violent, medically beset adult first offender who represents no risk to the community”.
...The court imposed an 18-month CSO." | |
| 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 Find summaries of case. | |
| R v Magno, 2011 ONSC 5552 (CanLII), per Ducharme J | ON |
SC | 9 years imprisonment (arson) | Find summaries of case. | |
| 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." [7]
| |
| R v Wiklun, 2011 SKPC 65 (CanLII), per Gray J | SK |
PC | Find summaries of case. | ||
| R v Matthias, 2010 BCSC 458 (CanLII), per McEwan J | BC |
SC | "the 52‑year‑old offender, who suffered from personality disorders and long‑term addictions, as well as serious physical health problems, doused his mother and her small dog with gas and then lit them on fire. He was convicted of manslaughter, based on a reasonable doubt that he had only meant only to threaten her and had actually lit the fire inadvertently. His history included acts of cruelty to animals when in a state of anger and intoxication. Mr. Justice McEwan imposed a sentence of 10 years' imprisonment." Find summaries of case. | ||
| 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. Find summaries of case. | |
| R v Fitzgerald, 2010 NSPC 73 (CanLII), [2011] NSJ 718, per Whalen J |
NS |
PC | 5 years imprisonment | "a decision of the Nova Scotia Provincial Court, the offender was angry about his neighbor spreading rumors about him and set his neighbor’s home on fire with a Molotov cocktail, killing four of his pets in the process. The neighbor’s home was attached by a party wall to another residence which was occupied at the time. The offence was planned and deliberate and the offender pleaded guilty, albeit mid-trial, and had an extensive criminal record. The offence involved endangerment of persons as well as damage to property and the Court imposed a sentence of five years imprisonment on the arson charge;" (Quoting from R v Connors, 2021 NLSC 178 (CanLII))
| |
| R v NC, 2010 QCCQ 11448 (CanLII), {{{4}}}, per Lamert J |
QC |
PC | Find summaries of case. | ||
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 Find summaries of case. |
| R v M(CP), 2009 ABPC 58 (CanLII), per Allen J | AB |
PC | 434 arson, 1 year and probation after 18 mo remand credit | "The accused pled guilty to two arson offences that involved multiple fires set on two different dates with the total damage amounting to approximately $70 thousand dollars. The accused was 18 years old. He had a prior youth record but no prior arson convictions. He was not found to suffer with any psychosis or major depression, although had a history of poly-substance and alcohol abuse. The accused suffered with antisocial personality disorder and anger management issues. He was assessed as being a high risk to reoffend. The accused was sentenced to two-and-one-half years jail less time in custody of 18 months leaving one year to serve followed by two years of probation. "[9] Find summaries of case. |
| 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 Find summaries of case. |
| 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. Find summaries of case.
| |
| R v Van Oostwaard, 2009 ABPC 358 (CanLII), per Barley J | AB |
PC | 36 months imprisonment | firebombs house he knows to be occupied Find summaries of case. |
| R v Dervishaj, 2009 BCPC 94 (CanLII), per Ball J | BC |
PC | 12 months | 434 arson, set car on fire Find summaries of case. |
| R v Jewell, 2009 NWTSC 22 (CanLII) per Richard J | NWT | SC | "the accused pled guilty to one count of arson contrary to s. 433 of the Criminal Code. The accused had been an overnight guest in the apartment of her former common-law husband. The common-law husband had gone to bed with his new girlfriend. The accused then set fire to a couch in the living room and then left the home. The common-law husband and his girlfriend awoke to find the home on fire. They activated the fire alarm and warned the other residents of the apartment block who where then evacuated. The damage to the building and contents was estimated to be in excess of $3 million. The accused was sentenced to a period of incarceration of 3 years in relation to the arson." Find summaries of case. | |
| R v Wiebe, 2009 BCPC 41 (CanLII) | BC |
PC | Find summaries of case. | |
| R v Lalonde, 2009 QCCQ 1669 (CanLII), per Gosselin J | QC |
PC | Find summaries of case. | |
| R v Beaulieu, 2009 NWTSC 9 (CanLII), per J | NWT | SC | Find summaries of case. | |
| R v Kaufman, 2009 BCCA 165 (CanLII), per Groberman J | BC |
CA | "the accused set fire to a basement suite which he lived in with his fiancee and their child. He was aware that his fiancee was not in the suite when the fire was set. Damage was estimated at $15,000. Three years later the accused set another fire in a basement suite where he lived with his common-law wife and their child. He was aware that the upper level of the home was occupied. Damage of approximately $20,000 was done to the suite. The British Columbia Court of Appeal imposed sentences of 18 months for the first arson and 2 years for the second arson. The sentences were made concurrent on the basis of totality." Find summaries of case. | |
| R v Porsch, 2008 BCCA 488 (CanLII), per Hall JA | BC |
CA | 9 years imprisonment | 4 counts of counselling to commit arson (unspecified) Find summaries of case. |
| R v Fitzgerald, [2008] B.C.J. No. 142 (B.C.C.A.)(*no CanLII links) | BC |
CA | "the accused pleaded guilty to three counts of arson contrary to s. 434. The fires occurred over a period of two months; he recruited individuals to assist him. The first count related to an apartment complex which he set fire to in the early morning hours; the inhabitants were able to escape unharmed; the fire department prevented the spread of the fire to other buildings. The abandoned apartment complex was set on fire on two further occasions. The other two counts related to fire setting at two bars. The fire to the first bar was set in the early morning hours; the bar was completely destroyed and the owners devastated. The last fire was set at 8:00 a.m.; the inhabitants were able to escape; other buildings were endangered. The damage from the fires was approximately one million dollars. The accused was addicted to crack cocaine and was in debt to a drug dealer who hired him to become involved in arson. He had a long record of property offences. At the time of the arson offences he was subject to a conditional sentencing order. He was sentenced to five years for these counts. The trial judge emphasized the need to separate the accused from society as well as deterrence and denunciation. The Court of Appeal dismissed the appeal. Newbury J.A. held that the trial judge correctly emphasized the need for deterrence, denunciation, and the need to protect the public. Newbury J.A. also identified other aggravating circumstances: the accused’s long record, his role in recruiting others, the commission of the offence while on a conditional sentencing order.
| |
| R v Elmerhebi, 2008 QCCQ 10532 (CanLII) | QC |
PC | Conditional Discharge | |
| R v Mitchell, 2008 NLTD 23 (CanLII), per Butler J | NL |
SC | ||
| R v Doucet, 2008 ONCJ 267 (CanLII), per Nadel J | ON |
PC | 12 months (JR) | Find summaries of case. |
| R v Aoun, 2008 ONCA 834 (CanLII), per curiam | ON |
CA | trial judge rejects CSO, CA upholds Find summaries of case. | |
| R v Bauming, 2007 ABPC 223 (CanLII), per Maher J | AB |
PC | 15 months CSO | 434.1 arson, Find summaries of case. |
| R v Parent, (2007), 425 A.R. 384 (Alta. C.A.)(*no CanLII links) | AB |
CA | "the Court allowed the accused’s appeal relating to credit for time served. The sentence of twenty-two months imprisonment for the s. 434 offence was not changed. The accused had lit fires to outdoor toilets; the fire spread to an elevator."
| |
| R v MacDonald, 2007 BCPC 473 (CanLII), [2007] BCJ 2978, per Romano J |
BC |
PC | 40 months imprisonment | Find summaries of case. |
| R v MacKendrick, 2007 BCPC 35 (CanLII), {{{4}}}, per Ball J |
BC |
PC | Find summaries of case. | |
| R v Porsch, 2007 BCSC 1621 (CanLII), per J | BC |
SC | Find summaries of case. | |
| R v kWalker, 2007 BCSC 122 (CanLII), {{{4}}}, per Meiklem J |
BC |
SC | "the accused set fires to vehicles in three different locations in the early morning hours near residences when individuals were sleeping. The accused was sentenced to three years imprisonment." Find summaries of case. | |
| 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. [10] Find summaries of case. |
| 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. Find summaries of case. |
| R v Daye, 2007 QCCQ 4583 (CanLII), per J | QC |
PC | Find summaries of case. | |
| R v Contois, [2006] A.J. No. 640 (Alta. Q.B.)(*no CanLII links) | AB |
SC | the accused was sentenced to 150 days in custody followed by 18 months probation. The accused burnt two police vehicles while he was intoxicated. Find summaries of case. | |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| 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. Find summaries of case. |
| R v Mastantuano, 2006 QCCQ 10185 (CanLII), per J | QC |
PC | Find summaries of case. | |
| R v Jones, 2006 BCPC 278 (CanLII) | BC |
PC | "Warren P.C.J. sentenced the accused to two and one half years for arson pursuant to s. 433. The accused became embroiled in an argument with his common law partner, and in an intoxicated state set fire to her clothing. The apartment building caught fire and the inhabitants were evacuated in the early morning hours. Damages to the building exceeded $50,000. He had an unrelated criminal record." Find summaries of case. | |
| 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. Find summaries of case. |
| R v Ramsey, [2005] OJ No 3428(*no CanLII links) | ON |
30 months (JR) | set fire to apartment building Find summaries of case. | |
| R v Sheets, 2005 ABPC 164 (CanLII), per Fradsham J | AB |
PC | 5 years | The offender was convicted of arson causing death. Find summaries of case. |
| R v Elliott, [2005] OJ No 3886(*no CanLII links) | ON |
9 months imprisonment | 434 arson, also sentenced on B&E Find summaries of case. | |
| 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. "a twenty year old aboriginal offender was sentenced to two years imprisonment for an offence pursuant to s. 434. He burnt down a club which was a gathering place for individuals with mental health problems to conceal his theft of money from the premises. He was on release for other serious offences at the time. He suffered from a personality disorder accompanied by violent fantasies. Psychiatrists came to the conclusion that there was a high risk he would re-offend. The Court held that the sentence would protect the public and ensure treatment." Find summaries of case. |
| R v Keber, [2005] B.C.J. No. 2475 (B.C.C.A.)(*no CanLII links) | BC |
CA | "the thirty-three year old offender was employed at a gas station. He stole money and poured gasoline inside the premises. The fire put customers and firefighters at risk. He suffered from depression, poly-substance drug addiction, and a mixed personality disorder with some antisocial tendencies. Rowles J.A. held that a two-year sentence followed by two years probation was the best manner to ensure that the appellant was successfully rehabilitated and the community was protected." Find summaries of case. | |
| R v Bourque, 2005 BCSC 1459 (CanLII), per J | BC |
SC | Find summaries of case. | |
| R v Hudey, 2005 MBCA 145 (CanLII), per Huband JA | MB |
CA | 18 months | substantial damages. youthful; long record of breaching court orders, Find summaries of case. |
| 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. "the accused prisoner set fire to papers in his cell resulting in damage. He had a record for violence. Crown counsel suggested a range of one year to eighteen months. The accused volunteered to accept the upper end of the range. The trial judge sentenced the offender to four years for arson and other offences. Costigan J.A. upheld the four year global sentence but reduced the arson sentence to two years." Find summaries of case. |
| R v Backstrom, [2005] A.J. No. 1060(*no CanLII links)
, per Fradsham J |
AB |
PC | 6 months imprisonment | "Fradsham P.C.J. sentenced an accused to six months imprisonment for arson relating to two motor vehicles, and one year consecutive for fire to a garage which spread to a shed. The accused had been hired as a security guard for the evening but was relieved of his duties. He became angry, went to a gas station where he stole gasoline and used the gasoline to make Molotov cocktails which he used to set fire to the vehicles and the shed. He was diagnosed as having a personality disorder. The sentence was part of a global four and one-half year term for other offences including a robbery." Find summaries of case. |
| R v Beckstrom, 2005 ABPC 196 (CanLII), per Fradsham J | AB |
PC | 6 months (veh.), 12 months (garage) | 434 arson Find summaries of case. |
| R v Bain, 2005 ABPC 101 (CanLII) | AB |
PC | "Judge Fradsham sentenced the accused to two years for arson followed by two years probation. The sentence was reduced to one year for time served. The accused lit wood on fire in a garage connected to the family home because he was angry with his father. He watched it burn and then went to sleep. The fire spread to the house causing $330,000 damage. He assisted in getting the other family members awake and from the house. He had two prior theft convictions, and was on probation at the time of the offence. The accused suffered from depression, apathy, and boredom." Find summaries of case. | |
| 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 Find summaries of case. | |
| R v Fewer, [2004] NJ 433 (PC)(*no CanLII links) | NL |
PC | "Sentence 27 months. 34 year old offender with unrelated criminal record burned down a house to ease his brother's pain. The brother had been sexually abused in that house as a child by a relative. The accused ensured the house was unoccupied by the time of the fire and the current occupants had no connection to the sexual abuse. [s. 434 of the Code]" [11] Find summaries of case. | |
| R v Klair, 2004 CanLII 8965 (ON CA), [2004] OJ No 2320, per Sharpe JA |
ON |
CA | 12 years imprisonment (arson) | 4 year old boy is severely disabled. "the 70‑year‑old offender set three fires in the house in which he was babysitting his four‑year‑old grandson, then walked away from the home. The grandson was horribly burned and disfigured as a result, with life-altering effect. The offender denied intending to harm his grandson and was remorseful, but cryptically offered no explanation for his conduct. The sentence of life imprisonment for arson causing bodily harm imposed by the trial judge, on the basis of the so‑called “stark horror” principle, was varied by the Court of Appeal to a sentence of 12 years, less credit for pre‑trial custody, to reflect the actual circumstances of the offence and the blameworthiness of the offender." Find summaries of case. |
| 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”. Find summaries of case. |
| 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 Find summaries of case. |
| R v Beatson, , [2003] O.J. No. 3224(*no CanLII links) | ON |
Find [2003%20O.J.%20No.%203224 summaries of cases]. | ||
| 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." [12] Find summaries of case. | |
| 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.” Find summaries of case. |
| 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." [13] Find summaries of case. | |
| 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 Find summaries of case. | |
| R v Montgomery, 2002 ABPC 36 (CanLII), per Semenuk J | AB |
PC | 3 years imprisonment | 434 arson Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| R v Caesar, 2001 YKTC 48 (CanLII), per J | YK | Template:TC | Find summaries of case. | |
| R v McFee, 2001 NSCA 82 (CanLII), per Glube CJ | NS |
CA | 3 months imprisonment | inmate offender threw matches at another, caused fire Find summaries of case. |
| R v Williams, 2001 NBQB 32(*no CanLII links)
, per Glennie J || NB | ||||
| 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. Find summaries of case. |
| 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. "Sentence: 10 years jail. 21-year-old offender with no prior record set fire to apartment block where he lived with his mother. Offender poured gasoline on the roof and in the stairwell prior to setting it on fire. The sentencing judge described the arson as deliberate and planned. 80 tenants occupied the apartment on the night of the fire, the majority were elderly. All managed to escape. The accused offered no insight into this offending and was not remorseful. He was convicted after trial. [s. 433 of the Code]" [14] Find summaries of case. |
| R v Eng, 2000 BCCA 31 (CanLII), per Fitch JA | BC |
CA | 11 years imprisonment | "the accused was convicted of five offences contrary to s. 434. The first three offences were committed on the same day. Two offices were damaged as well as residence occupied by a family. The fires were started by gasoline products. Approximately three weeks later the accused lit a garbage bag on fire, and damage resulted to a washroom. Two days later the accused burned a dormitory of a school which was undergoing renovations. No students were present but a teacher and his family were residing in the building. The accused removed all fire alarm bells in the building and set fires at two different locations using gasoline. He was sentenced to eleven years globally." Find summaries of case. |
| R v Kelly, [2000] B.C.J. No. 2381 (B.C. Prov. Ct.)(*no CanLII links) | BC |
PC | "two accused pleaded guilty to setting eighteen fires over a four month period. They set fire to eleven school buses, four other vehicles, two houses under construction, and a school portable building. In many cases the accused returned to watch the fires. The accused were both first offenders. Psychiatrist assessments revealed that they did not suffer from any mental illness or personality disorder. There was no apparent motive for the fires. The trial judge found that they were callous and selfish individuals who exhibited a high degree of moral blameworthiness. Taylor was sentenced to six years for his offences. The trial judge apportioned four years to those offences where vehicles were set afire close to residences, two years consecutive for the remaining vehicle fires, and concurrent time for the fires to the unoccupied houses. Kelly was given an extra year for counselling Taylor to burn a house that was occupied; thus, he was sentenced to seven years." Find summaries of case. | |
| 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, Find summaries of case. |
| R v Dawson, , [2000] O.J. No. 5192(*no CanLII links) | ON |
SC | 15 months | set fire to a shed, caused damage to houses Find summaries of case. |
1970 to 1999
| Case Name | Prv. | Crt. | Sentence | Summary |
|---|---|---|---|---|
| R v Campbell, [1999] OJ No 796(*no CanLII links) | ON |
3 years imprisonment (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, attempted suicide. Find summaries of case. | |
| 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." Find summaries of case. |
| 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” Find summaries of case. |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| R v Quigley, 1998 CarswellBC 494 (BCCA)(*no CanLII links) | BC |
CA | "Sentence: 5 years. 58 year old offender burned down a property he was renting after being evicted from the building. He had used gasoline to set the fire. There was substantial damage to the property, but nobody was injured. The accused suffered from a paranoid personality disorder. The offence involved planning and deliberation. [s. 433 of the Code]" [15] Find summaries of case. | |
| 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. Find summaries of case. |
| 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. Find summaries of case. |
| 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. Find summaries of case. |
| 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 Find summaries of case. | |
| 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) Find summaries of case. |
| R v Green, 1997 ABCA 219 (CanLII), 200 A.R. 307 |
AB |
CA | 5 years imprisonment | "a sentence of 5 years imprisonment was upheld on appeal in relation to a carefully planned, vengeful arson in which the offender set fire to the home of his partner’s parents. The offender showed no remorse for the act and he posed a continuing risk to his former partner and her family" Find summaries of case. |
| 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 Find summaries of case. |
| R v Wilson (D.E.), 1997 CanLII 22843 (MB CA), per Twaddle JA | MB |
CA | 9 months | |
| R v Beland, , [1995] NBJ No 205(*no CanLII links) | NB |
2 years, 3 months | commercial arson Find [1995 NBJ No 205 summaries of cases]. | |
| 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 Find summaries of case. |
| 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 Find summaries of case. |
| R v Wattenberger, 1994 CanLII 240 (AB CA), (1984), 56 AR 238 (CA), per Harradence JA |
AB |
CA | 3 years | employee burned down grain elevator after being refused time off Find summaries of case. |
| 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. Find summaries of case. | |
| R v Duhaime, 1985 CarswellBC 1770 (B.C.C.A.)(*no CanLII links) | BC |
CA | "the accused set fire to his girlfriend’s clothing when he was drunk and angry; her apartment was damaged. The accused had a previous conviction for arson. The trial judge was convinced that at the time of sentencing that the accused had taken steps to rehabilitate himself. The Crown appealed. The British Columbia Court of Appeal commented that given the background of the offender and the circumstances of the offence in normal circumstances the sentence was woefully inadequate, and that a sentence of three years imprisonment may well have been imposed: see para. 12. The Court refused to change the term of imprisonment but added two years of probation." Find summaries of case. | |
| R v Ford, gbrwp(*no CanLII links) | PEI | CA | "the twenty-one year old accused pleaded guilty to setting fire to a house occupied by four individuals in the early morning hours who were awakened by a member of the public passing by, thereby averting a probable threat to life and greater property damage. The accused had a juvenile and criminal record including a mischief conviction eight days prior to the offence. He was sentenced to three years imprisonment." Find summaries of case. | |
| R v Quilt and Setah, 1984 CanLII 483 (BC CA), per J | BC |
CA | 5 years | "the offenders, two young men who had been consuming alcohol, poured gasoline around a house containing eight people, in an act of revenge for having some wine that they had stolen confiscated by its owner. The resulting fire caused the deaths of three young children. Quilt's appeal from a 12 year sentence for criminal negligence causing death, which the Crown submits is analogous to the present offence, and five years for arson, and Setah's appeals from eight years' imprisonment for the same offences, were dismissed." Find summaries of case. |
| R v Duncan, [1983] NSJ 520 (NSCA)(*no CanLII links) | NS |
CA | 2 years 9 months | set fire inside jail Find [1983 NSJ 520 summaries of cases]. |
| 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 Find [1981 NSJ No 56 summaries of cases]. |
| R v Greeley, , [1980] B.C.J. No. 2211(*no CanLII links) | BC |
"nce: 2 years less one day jail followed by 2 years probation. 34 year old offender convicted after trial of setting fire to his landlord's home after a dispute that arose while he was in the process of moving out. Offender was otherwise of good character and had no criminal history. Offender had positive PSR, psychiatric report and character reference letters. He had an alcohol use issue. Nobody was present inside the home at the time of the fire; however, the damage did result in displacement of the occupants. The fire was characterized as being spur of the moment. [s. 434 of the Code]" [16] Find [1980 B.C.J. No. 2211 summaries of cases]. | ||
| R v Rhyno, (1977), 19 NSR 359 (NSCA)(*no CanLII links) | NS |
CA | 2 months | Find (1977), 19 NSR 359 summaries of cases. |