R. v. Bos, 2012 ONSC 3835

Case Summary

The accused was charged with arson contrary to s. 433(a) of the Criminal Code after a fire was discovered in a wall cavity of a dwelling occupied by her romantic partner. The Crown alleged the accused intentionally ignited combustible material in the wall as a diversion after she was unable to provide funds for a joint real estate transaction, thereby risking the occupant’s life. Expert evidence from the Office of the Fire Marshal concluded the fire originated in a pre‑existing hole in the basement stairwell wall and was caused by the intentional application of an open flame to combustible material. The court rejected defence theories that the fire was staged or set by the complainant and found the accused’s testimony not credible, applying the credibility framework in R. v. W. (D.). The court concluded beyond a reasonable doubt that the accused intentionally caused damage by fire to an occupied dwelling.

ONTARIO SUPERIOR COURT OF JUSTICE

OSHAWA COURT FILE NO.: 12594/10
DATE: 2012-06-29

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN

HER MAJESTY THE QUEEN

— and —

MELANIE A. BOS

COUNSEL:

D. Parke, for the Crown

G. Orr and J. Whelton, for the accused

HEARD: April 10-13, 16- 20, 23- 26, 2012.

Shaughnessy J.

REASONS FOR JUDGMENT

[ 1 ] Melanie Bos is charged with intentionally or recklessly causing damage by fire to a house located at […] B[…] Street East, Courtice, Ontario on June 30, 2009 contrary to section 433 (a) of the Criminal Code of Canada . [1] She is also charged with wilfully damaging a wall at the same premises and date noted above, thereby committing the offence of mischief contrary to section 430 (4) of the Criminal Code of Canada.

(continues verbatim…)

[280] There will be a conviction registered on the charge of intentionally or recklessly causing damage by fire to a dwelling house, and knowing or being reckless with respect to whether the property was inhabited or occupied, contrary to s. 433 (a) of the Criminal Code of Canada .

[281] The remaining count on the indictment pursuant to s. 430 (4) of the Criminal Code may be the subject of a stay or other disposition. I will ask Crown Counsel to speak to the Court on this issue. I note in passing, that an offence under s. 430(4) where the Crown proceeds by way of indictment, the trial is before a provincial court judge under s. 553(a)(v), subject to an order under s. 555 (1) or (2).

The Honourable Mr. Justice J. Bryan Shaughnessy

DATE RELEASED: June 29, 2012

[^1]: Criminal Code , R.S.C. 1985, Chap. C-46.

R. v. Bos, 2012 ONSC 3835

Case Summary

ONTARIO SUPERIOR COURT OF JUSTICE

ONTARIO SUPERIOR COURT OF JUSTICE

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