Douglas Horn

The appellant, a police officer, appealed her convictions and five-year consecutive sentences for arson and administering a noxious substance.

The appellant had spiked her daughter-in-law's drink with a sleep aid during a discussion about a custody dispute, and subsequently set fire to the house while the victim slept.

The Court of Appeal dismissed the conviction appeal, finding no misapprehension of the expert fire evidence or the complainant's testimony.

The sentence appeal was also dismissed, as the consecutive sentences were justified for offences invading distinct societal interests, and the global sentence was fit given the serious aggravating factors.

The accused, an OPP officer, was charged with attempted murder, arson, and administering a noxious substance after a fire broke out in her daughter-in-law's bedroom.

The Crown alleged the accused drugged the victim's drink with diphenhydramine during a visit to discuss a bitter custody dispute, then set fire to the bedroom closet once the victim was asleep.

The court applied the W.(D.) framework to assess credibility and expert evidence regarding the fire's origin and the toxicology results.

The accused was found guilty of arson and administering a noxious substance, but acquitted of attempted murder as the specific intent to kill was not proven beyond a reasonable doubt.