R. v. Ahrens (J.A.), (1991) 1 B.C.A.C. 34 (CA)

Judge:Lambert, Macfarlane and Proudfoot, JJ.A.
Court:Court of Appeal of British Columbia
Case Date:June 04, 1991
Jurisdiction:British Columbia
Citations:(1991), 1 B.C.A.C. 34 (CA)
 
FREE EXCERPT

R. v. Ahrens (J.A.) (1991), 1 B.C.A.C. 34 (CA);

    1 W.A.C. 34

MLB headnote and full text

Regina (respondent) v. Jay Alan Ahrens (appellant)

(No. V01397)

Indexed As: R. v. Ahrens (J.A.)

British Columbia Court of Appeal

Lambert, Macfarlane and Proudfoot, JJ.A.

June 4, 1991.

Summary:

The accused was convicted of wilfully setting a fire causing property damage, and mischief. The trial judge sentenced the accused to three years' imprisonment for setting the fire and 12 months' imprisonment (concurrent) for mischief. The accused appealed against the sentences.

The British Columbia Court of Appeal allowed the appeal. The court substituted a sentence of 18 months' imprisonment for setting the fire and affirmed the mischief sentence.

Criminal Law - Topic 5867

Sentence - Arson - The 28 year old accused and a companion were drinking - They drove a car off the road onto a golf course, causing damage - They took the car to a secluded area, set it on fire and pushed it off a cliff - The accused then reported the car stolen - There was no evidence of insurance fraud - The accused had a lengthy criminal record but was steadily employed and out of trouble for the past 21 months - The accused was sentenced to three years' imprisonment for setting the fire and 12 months concurrent for mischief - The British Columbia Court of Appeal substituted a sentence of 18 months' imprisonment for setting the fire and affirmed the mischief sentence.

Criminal Law - Topic 5890

Sentence - Mischief - [See Criminal Law - Topic 5867 ].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 433, sect. 434 [para. 8]; sect. 436(1) [para. 1].

Counsel:

Robert A. Mulligan, for the respondent;

   David N. Lyon, for the appellant.

This appeal was heard before Lambert, Macfarlane and Proudfoot, JJ.A., of the British Columbia Court of Appeal.

On June 4, 1991, Lambert, J.A., delivered the following judgment orally for the Court of Appeal.

To continue reading

FREE SIGN UP