DATE: 20060511

DOCKET: C42459

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – THEODORE ENGLISH (Appellant)

BEFORE:

GOUDGE, GILLESE, LAFORME JJ.A.

COUNSEL:

Christopher Hicks Catriona Verner

for the appellant

Gillian Roberts

for the respondent

HEARD & RELEASED ORALLY:

May 3, 2006

On appeal from the conviction entered by Justice Sally E. Marin of the Ontario Court of Justice dated January 25, 2000 and from the sentence imposed by Justice Sally E. Marin dated April 16, 2002.

E N D O R S E M E N T

[1] The question of whether the appellant caused damage by fire to the four properties was conceded at trial. Moreover, the uncontradicted evidence was that despite the fact that the fires were set in items discrete from the four houses, in one case the house itself received fire damage and in the other three cases, the houses suffered damage that required clean up.

[2] Secondly, given that these houses were in a clearly residential area known by the appellant, the finding that he was reckless as to whether the properties were inhabited was inevitable. The convictions on the predicate offences are sustained.

[3] As to sentence, there was ample evidence to support the finding of dangerous offender. The trial judge referred to the intractability of the appellant’s problems, his lack of motivation to pursue counselling or treatment and the fact that there is no effective treatment for pyromania. She did not rely on nor was there any evidence of a failure of the state to make available effective treatment for the appellant’s conditions.

[4] The sentence appeal is dismissed as well.

“S.T. Goudge J.A.”

“E.E. Gillese J.A.”

“H.S. LaForme J.A.”