CRIMINAL CODE OFFENCES - Arson

Law360 Canada ( December 13, 2018, 8:17 AM EST) -- Appeal by the accused, Ludwig, from convictions for arson-related offences. The accused owned and occupied a unit within a multi-unit townhouse. Police responded to a complaint, partially opened the door of the accused's unit and observed flames from inside the residence. The accused exited the unit and lay down outside. Firefighters extinguished a small fire in the living room. They searched the rest of the unit and found the accused's dog upstairs. The firefighters were able to revive the animal. At trial, the accused argued that the Crown failed to prove he set the fire given expert evidence that the fire could have resulted from an electrical fault in a television. The trial judge concluded that the totality of the evidence proved the accused deliberately ignited a piece of paper under the base of the television. The accused was convicted of causing damage by fire with reckless disregard to whether the dwelling house was occupied, causing damage by fire threatening residents and property in proximity, and wilful endangerment of his dog. The trial judge imposed concurrent 12-month custodial terms with two years' probation for the arson offences, and a concurrent 30-day sentence with two years' probation for endangerment of the dog. The accused appealed....
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