SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Boucher, 2011 NSSC 364
Date: 20111012
Docket: CRY. 348127
Registry: Yarmouth
Between:
Her Majesty the Queen
Plaintiff
- and -
Francis George Boucher
Respondent
LIBRARY HEADING
Judge: The Honourable JusticeA. David MacAdam
Heard: September 15, 2011, in Sydney, Nova Scotia
Subject: criminal law, arson for a fraudulent purpose, burden of proof, circumstantial evidence, evidence distinguished from speculation
Summary: After a fire damaged his restaurant, the accused was charged with arson for a fraudulent purpose under s. 435(1) of the Criminal Code. There was no dispute that the restaurant was damaged by fire, that the property was owned by the accused and insured under a policy issued to a limited company of which he was president, secretary and sole director. It was also not disputed that the fire was deliberately set. The only issue was whether the Crown had proven beyond a reasonable doubt that the accused set the fire. There was no direct evidence linking the accused with the fire.
Issue: Had the Crown proven beyond a reasonable doubt that the accused set the fire in his restaurant?
Result: The court reviewed the principles of the presumption of innocence and the requirement for proof beyond a reasonable doubt to found a conviction. The evidence linking the accused to the fire was entirely circumstantial, and was not sufficient for a finding that the accused set the fire. It could not be said that the circumstances were only consistent with his guilt and not with any other conclusion.
The accused was acquitted.
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