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
Introduction
[ 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…)
Conclusion
280There 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 .
281The 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
Footnotes
- Criminal Code , R.S.C. 1985, Chap. C-46.