# Canadian Criminal Sentencing/Cases/Arson

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

## Causing bodily harm or death

| Case | Citation | Prv | Crt | Sentence | Summary |
| R. v. Mason | 2011 MBQB 66 | MB | SC | 10 years | arson causing bodily harm, and manslaughter. two people killed when accused, after drinking, set fire to rooming house. |
| R. v. Sheets | 2005 ABPC 164 | AB | PC | 5 years | arson causing death |
| R. v. Trecartin | [1993] N.B.J. No. 658 | NB | | 12 years | arson causing death-set fire to house |