Arson causing damage to property, Breach of an undertaking, Mischief to other property
R. v. MacInnis
Sentence and the Crown's position
What the law allows
Connor Theodore MacInnis pleaded guilty to arson, mischief and breaching an undertaking after smashing the windows of a Balls Creek country market and igniting gasoline he had pumped onto the ground by the fuel pumps. The Crown sought 24 months in a federal institution; the defence proposed a conditional sentence of 24 months less one day. Justice Chipman imposed the Crown's proposed sentence of 24 months, with 30 days concurrent on the other counts and 36 months of probation, finding that jail time was appropriate given the risk the fire posed to the public.
In the judge's words
1[22] The Court of Appeal upheld the sentence of three years’ incarceration. While the circumstances here are less severe than in Veinot, I am nonetheless persuaded in all of the circumstances that jail time is appropriate. Given the ASF, guiding cases and all of what is before the Court, I hereby sentence Mr. MacInnis to what the Crown has proposed.
The record
- Convicted of
- Arson causing damage to property (CC 434)
- Breach of an undertaking (CC 145(4))
- Mischief to other property (CC 430(4))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- On bail1
- Defence asked for
- 24 months less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: Peter J. Harrison
Defence: Gregory MacNeil
Sources
- R. v. MacInnis, 2024 NSSC 143 Court decision, CanLII, May 14, 2024
[5] The Crown preposes the following sentence: 1. A custodial sentence of 24 months in a federal institution on the s. 434 charge;
The Defence resists an institutional sentence, instead proposing a sentence of custody to be served as part of a conditional sentence order of 24 months less one day.
[1] This is my sentencing decision with respect to Connor Theodore MacInnis.
3. AND FURTHER, having been named in an Undertaking on January 8, 2022, and being at large on that Undertaking, did fail without lawful excuse, to comply with a condition of that Undertaking, to wit: Abstain from alcohol and drugs unless prescribed by a medical doctor, contrary to Section 145(4)(a) of the Criminal Code of Canada.
3. Mr. MacInnis comes before the Court with no prior criminal record; and
[22] The Court of Appeal upheld the sentence of three years’ incarceration. While the circumstances here are less severe than in Veinot, I am nonetheless persuaded in all of the circumstances that jail time is appropriate. Given the ASF, guiding cases and all of what is before the Court, I hereby sentence Mr. MacInnis to what the Crown has proposed.
1. A custodial sentence of 24 months in a federal institution on the s. 434 charge; 2. A custodial sentence of 30 days on both the s. 430(4) and s. 145(4) charges to be served concurrently; 3. A probationary period of 36 months – the conditions of which are as follows:
- Criminal Code, s. 434 Record, Justice Laws Website
- R. v. MacInnis, 2024 NSSC 143 Court decision, Courts of Nova Scotia