Canadian Criminal Sentencing/Offences/Arson

=Arson=

Principles
There are four categories of arson offences:
 * 1) Mental illness (e.g. pyromania)
 * 2) Insurance fraud
 * 3) Revenge
 * 4) Vandalism / random mischief

In British Columbia, the range of sentence for arsons is between 9 months and 3 years. Those with motivation of revenge or financial gain are the most morally blameworthy.

Not every instance of arson under s. 434 constitutes a SPIO. It must be determined on the facts.

It is not "uncommon" to order lengthy periods of probation as part of the sentencing where there are concerns of rehabilitation and protection of the public.

Most cases of arson are circumstantial and so "the circumstances must be sufficient to exclude every reasonable hypothesis other than a wilful and intentional burning in order to rebut the presumption that the burning was of accidental or natural origin."

It is not always necessary to establish an incendiary source of the fire. Circumstantial evidence such as motive, opportunity, financial difficulty, possibility of gain, inculpatory utterances and other inculpatory circumstances, may be used to make the case.

Factors
Aggravating Factors
 * amount of damage caused by fire
 * harm to fire fighters
 * signs of pyromania
 * fraud or greed motive

=Possession of Incendiary Materials=