Sentencing decision for assault with a weapon and mischief; the court imposed 30 months on Count 1 and 6 months concurrent on Count 5, with enhanced credit and probation.
Given the unpredictable and substantial public risk inherent in lighting spilled gasoline at a commercial premises in a residential area, the offender's conduct constituted serious arson; mitigating factors (youth, remorse, first offender, cooperation) did not outweigh public protection and denunciation objectives; therefore a custodial sentence was required and the Crown's proposed sentence was imposed (24 months federal for s.434; concurrent 30 days on s.430(4) and s.145(4)(a); 36 months probation with specified conditions; discretionary DNA order; mandatory weapons prohibition; restitution…