Whitehorse Daily Star

Arsonist given pen time

For an arsonist who helped burn down a friend's residence last July, a federal penitentiary jail cell will be home for the next couple of years.

By Whitehorse Star on March 25, 2004

For an arsonist who helped burn down a friend's residence last July, a federal penitentiary jail cell will be home for the next couple of years.

On Wednesday afternoon, territorial Judge John Faulkner handed Donald Paul Kingshott, 39, a further 2 1/2 years' jail on top of the time he's spent in custody pending trial and sentence.

Kingshott's effective sentence for arson is 3 1/2 years.

He'll serve 18 months' jail concurrently for using explosives to destroy property and three months in custody for the Liquor Act conviction of providing alcohol to minors.

The Crown prosecutor had argued the case law suggests a range of two to three years for similar crimes. However, Faulkner pointed to offenders given five years' jail. He rejected the defence's suggestion one year behind bars was the accepted range.

Faulkner noted the maximum for arson is 14 years.

Because Kingshott has been in custody for six months, he would have walked out with time served if he'd been given a year. Pre-trial custody is usually and in this case given double credit.

The man told the probation officer preparing his pre-sentence report he was sorry for what he'd done and wanted to help out his victims in any way he could.

All of this comes after Kingshott fled the Yukon after the Marsh Lake fire to avoid punishment, told the homeowners he wasn't involved, was arrested and took the matter to trial, Faulkner pointed out.

Kingshott was found guilty of the criminal charges at a February trial.

Last July, he'd driven several youth out to the property, supplied them with booze, then helped a 17-year-old boy, bent on revenge against one of the homeowners, set fire to the trailer.

The July 4 blaze destroyed the retirement home and its contents, which included photo albums and irreplaceable family mementos, one of the owners told the court in a tearful address Wednesday morning.

As well as being dealt a serious financial blow the trailer wasn't insured the homeowners were left with an even larger emotional impact, Faulkner said. After their home was gutted, the couple was angry, confused and stressed, he continued.

The judge noted Kingshott was a family friend who'd received a lot of help from the couple, who'd provided him with meals, a place to stay and their support over the years they knew him.

It wasn't Kingshott's idea to start the fire, but he became fully involved 'for reasons which may forever remain obscure.'

That Kingshott gave the teenagers a ride to Marsh Lake and alcohol is significant, said Faulkner.

'It's unlikely matters would have slid so far if there had not been alcohol to act as a lubricant,' said the judge, who acknowledged Kingshott pleaded guilty to the Liquor Act charge.

Providing alcohol to minors 'is, as the poster says, not a minor matter,' said Faulkner, noting the dangers of doing so are 'amply illustrated' in this case.

About the only mitigating factor the judge said he could find was that the arson didn't appear to be pre-meditated.

The pre-sentence report 'paints a rather bleak portrait of Mr. Kingshott's future prospects,' he said.

It's difficult for the offender to adjust in society, and his ability to function normally among other people is limited.

Kingshott has a long criminal record, though he hadn't earned any new convictions since 1992 when he last was sent to a federal penitentiary.

A strong case could be made for giving Kingshott the top territorial sentence two years less a day in jail and a three-year probation order. However, the treatment available in the federal jail system is likely to be more effective for a mature offender like Kingshott, Faulkner said.

Kingshott is prohibited from having guns, ammunition or explosives for 10 years after he's released from jail. He was also ordered to provide a DNA sample for the RCMP's national databank of criminals' genetic material.

Faulkner said he'd considered ordering Kingshott to pay restitution, but determined it's unlikely the man would ever be in a position to pay for his former friends' financial loss.

'I wish it were otherwise,' the judge said.

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