The appellant appealed his arson conviction and sentence following a jury trial.
The court rejected arguments that fingerprint evidence was obtained without informed consent contrary to s. 8 of the Charter, that oral statements to insurance adjusters were made under statutory compulsion within s. 148(6) of the Insurance Act, and that a Crown misstatement in closing caused a miscarriage of justice.
The conviction appeal was dismissed.
However, the court found the sentencing judge erred in principle by treating lack of remorse as an aggravating factor and reduced the penitentiary sentence from four years to two and a half years.
