R. v. Middleton (J.H.), (1998) 168 Sask.R. 237 (CA)

• Judge: Cameron, Wakeling and Jackson, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: June 11, 1998
• Jurisdiction: Saskatchewan
• Citations: (1998), 168 Sask.R. 237 (CA)

R. v. Middleton (J.H.) (1998), 168 Sask.R. 237 (CA);

    173 W.A.C. 237

MLB headnote and full text

Temp. Cite: [1998] Sask.R. TBEd. JL.044

Her Majesty The Queen (appellant) v. James Herbert Middleton (respondent)

(No. 7474)

Indexed As: R. v. Middleton (J.H.)

Saskatchewan Court of Appeal

Cameron, Wakeling and Jackson, JJ.A.

June 11, 1998.

Summary:

The accused was convicted of arson after breaking into and deliberately setting his ex-girlfriend's house on fire. The trial judge sentenced the accused to 16 months' impris­onment, to be served in the community. The Crown appealed, submitting that a condi­tional sentence was inappropriate, where the accused continued to pose a threat to the ex-girlfriend.

The Saskatchewan Court of Appeal allowed the appeal and set aside the condi­tional sentence. The court ordered that the accused be incarcerated for 16 months.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The accused pleaded guilty to arson after he broke into and set fire to his ex-girl­friend's house - The accused refused to accept the termination of their relationship and previously broke into her house and also threatened her - Eight days after being sentenced to a 16 month conditional sen­tence for arson, the accused was caught "rifling" through the ex-girlfriend's car - Additionally, the accused still faced six charges for alleged offences against the ex-girlfriend and her new boyfriend prior to the fire - The ex-girlfriend continued to be afraid of the accused - The Saskatchewan Court of Appeal held that although 16 months was an appropriate sentence for arson, the sentencing judge erred in or­dering that it be served in the commun­ity -The accused remained a danger to the ex-girlfriend and the only way to protect her was for the accused to serve his sentence in custody.

Criminal Law - Topic 5867

Sentence - Arson - [See Criminal Law - Topic 5720.4 ].

Counsel:

D.M. Brown, Q.C., for the appellant;

Byron Werry, for the respondent.

This appeal was heard on June 11, 1998, before Cameron, Wakeling and Jackson, JJ.A., of the Saskatchewan Court of Appeal.

On June 11, 1998, Jackson, J.A., delivered the following judgment orally for the Court of Appeal.