The Crown appealed the accused's acquittal on a charge of arson.
The accused, while highly intoxicated, left a pan of oil on a stove, causing a fire that destroyed his ex-girlfriend's house.
The trial judge acquitted the accused, finding that arson was a specific intent offence in these circumstances and that the accused's intoxication raised a reasonable doubt about his intent.
The Court of Appeal dismissed the Crown's appeal.
The majority held that arson under s. 434 is an offence requiring subjective intent or recklessness, making it akin to a specific intent offence where evidence of intoxication is relevant.
Although the trial judge erred in treating the classification of the offence as a question of fact, the error did not affect the outcome.
