Arson causing damage to property, Possession of property obtained by crime over $5,000

R. v. Craig

Sentence and the Crown's position

Crown asked3 years in custody1
Judge imposed28 months jail (708 days credit, 132 days remaining), 9 months concurrent, then 1 year probation1
255 days less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked3 years in custody
Judge imposed28 months in custody
Defence asked731 days in custody
For arson causing damage to property (CC 434), the Criminal Code currently allows up to 14 years, with no mandatory minimum. The sentence imposed is 16% of the maximum. Read the section.

John Robert Barton Craig pleaded guilty to arson and possession of stolen property over $5,000 after setting fire to a stolen truck in a residential area near a school in Prince George. The Crown sought three years for the arson; the defence sought two years plus one day. Justice Shergill imposed 28 months, with 708 days of credit for pre-sentence custody, plus nine months concurrent and one year of probation, citing his criminal history, his rehabilitative efforts in custody, his remorse and significant Gladue factors.

In the judge's words

Weighing all the circumstances, I am satisfied that a sentence of 28 months' imprisonment on Count 1 (arson) is fit and proportionate. This sentence reflects the seriousness of deliberately setting a vehicle on fire in a public place, adequately addresses denunciation and deterrence, and takes into account Mr. Craig's criminal history, his commitment towards rehabilitation, his remorse, and the presence of significant Gladue factors.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
731 days in custody1
Appeal
Not yet checked
Counsel
Crown: E.C. Rines
Defence: J. Michi

Sources

  1. R. v. Craig, 2026 BCSC 787 Court decision, CanLII, April 24, 2026[6] The Crown submits that a fit and proper sentence for Mr. Craig for arson is three years in prison, followed by two years of probation. In addition, Crown seeks a concurrent sentence of one year incarceration for the possession of stolen property offence.[7] Defence counsel submits that a just sentence for Mr. Craig is two years (plus one day) in prison for the arson offence, and nine months (to run concurrently) for the possession of stolen property offence.[1] On January 27, 2026, Mr. Craig pled guilty to arson and possession of property valued over $5,000.[60] Weighing all the circumstances, I am satisfied that a sentence of 28 months' imprisonment on Count 1 (arson) is fit and proportionate. This sentence reflects the seriousness of deliberately setting a vehicle on fire in a public place, adequately addresses denunciation and deterrence, and takes into account Mr. Craig's criminal history, his commitment towards rehabilitation, his remorse, and the presence of significant Gladue factors.[66] The custodial sentence imposed on Count 1 is 28 months. For sentence administration purposes this equates to 840 days (calculated at 30 days per month). After applying the pre‑sentence credit of 708 days, this leaves a remaining custodial sentence of 132 days, following which Mr. Craig will be released to serve the probation order imposed.
  2. Criminal Code, s. 434 Record, Justice Laws Website
  3. R. v. Craig, 2026 BCSC 787 Court decision, Courts of British Columbia

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