Accused threatened victim when it was discovered that victim was rightful owner of stolen vehicle he had attempted to purchase. Accused followed up on threat by destroying victim’s barn by fire, causing loss of property and livestock.
Sentencing of the accused Young on charges of arson, threatening to commit arson, and killing cattle. Young was alleged to be a member of a motorcycle gang. He was arrested in connection with a threat to burn down a building and the subsequent fire at the building. The threat was made to discourage the owner of the building from reporting the theft of his vehicle. The owner lost substantial property and several cattle in the fire. Young had a prior criminal record which included several property offences.
Held: Young was sentenced to five years imprisonment for arson, one year consecutive for threatening and a year and a half consecutive for killing the cattle. There was no other reasonable inference to draw but Young was connected with the motorcycle gang and organized crime. The arson was more serious than those committed for the purpose of collecting insurance proceeds. The offence was premeditated and calculated to threaten the victim. It was necessary to denounce this type of conduct. If not for the principle of totality, Young would have been sentenced to a longer period of imprisonment for the arson offence alone.