Arson with disregard for human life, Break and enter a place other than a dwelling-house, Mischief over $5,000
R. v. Calderon
Sentence and the Crown's position
What the law allows
Alejandro Calderon was convicted after trial of arson with disregard for human life, breaking and entering and committing mischief, and mischief over $5,000 for setting fire to a hardware store in Kaslo while people were inside. The Crown sought four to five years and the defence a conditional sentence of two years less a day. Justice Lyster imposed four years, less 99 days of credit for pre-sentence custody, finding that denunciation and deterrence required a sentence of more than two years.
In the judge's words
1I find that a sentence of more than two years is required in Mr. Calderon's case to give proper effect to the principles of denunciation and deterrence. As a result, a CSO is not an available sentence in this case.
The record
- Convicted of
- Arson with disregard for human life (CC 433)
- Break and enter a place other than a dwelling-house (CC 348(1)(e))
- Mischief over $5,000 (CC 430(3))
- Prior convictions
- 8 prior convictions, 5 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: K. Schecter
Defence: J. Michi
Sources
- R. v. Calderon, 2026 BCSC 1656 Court decision, CanLII, August 4, 2026
[4] The Crown seeks a sentence in the range of four to five years on Count 1 with three years concurrent on each of the other two counts.
[4] … The defence seeks a conditional sentence order ("CSO") of two years less a day to be followed by a term of probation.
[30] … The maximum sentence is life imprisonment, and there is no minimum punishment.
[1] These are my oral reasons for sentence for Alejandro Calderon on Indictment 27314-2.
[7] … It shows that, on May 2, 2013, he was convicted of two counts of assault. On November 26, 2013, he was convicted of uttering threats to cause death or bodily harm. On December 13, 2013, he was found guilty of breach of a probation order. … On September 28, 2017, he was convicted of mischief, uttering threats to cause death or bodily harm, and uttering threats to burn, destroy, or damage. Lastly, on January 9, 2024, he was found guilty of assault causing bodily harm.
[42] I find that a sentence of more than two years is required in Mr. Calderon's case to give proper effect to the principles of denunciation and deterrence. As a result, a CSO is not an available sentence in this case.
[49] THE COURT: The term of imprisonment I would have imposed on you on Count 1 before granting you any credit is four years. You are entitled to credit at time and a half for the period you spent in pretrial custody. From what counsel have told me, you spent 66 days in custody. You are, therefore, entitled to credit for 99 days. … [50] I will further sentence you to one year on each of the two remaining counts, those sentences to be served concurrently.
- R. v. Calderon, 2026 BCSC 1656 Court decision, Courts of British Columbia