Alberta woman who tried to torch car receives seven days jail

A Swan Hills woman who broke into a house and attempted to set a vehicle on fire received seven days in jail and 18 months of probation.

Justice Carrie-Ann Downey handed down the sentence in a June 25 Barrhead Court of Justice session after Kirsten Dawn Hamel pleaded guilty to three charges, including unlawfully entering a dwelling house (reduced from break and enter), mischief damage under $5,000, and failure to appear for a court appearance.

Due to the time Hamel had already spent in custody, her lawyer, Gary Smith, stated that she had been in custody since May 29, and enhanced credit was applied, indicating that his client was effectively in a time-served situation.

However, it should be noted that Hamel was currently in custody on another matter and would only be released once the court addressed the matter.

Crown prosecutor Brett Grierson noted the charges resulted from three different incidents. The Crown also withdrew one additional charge of failing to comply with a release order.

The facts

Grierson said the mischief damage under the $5,000 charge was the result of a Nov. 7, 2023, incident when Hamel went to the victim's home and attempted to set the vehicle on fire using a makeshift Molotov cocktail.

"The offender then went to the victim's vehicle, stuffed toilet paper into an empty alcohol container and put it into the victim's gas tank entrance, attempting to light it hoping it would go up in flames," he said, adding when her device did not work, the accused fled the scene. 

Grierson added that the RCMP later brought Hamel to the detachment for a statement as their investigation showed that she was a possible person of interest.

"She then confessed to the crime," he said.

The next charge, Grierson said, was when the accused failed to attend a required court date in Barrhead on Dec. 12, 2023.

The last charge of unlawfully entering a dwelling house occurred on Dec. 21, 2023.

"She used a shovel to break into what she believed to be her home. She panicked out the back door when she realized it wasn't her home. Tracks were found by police going to her house from the dwelling house that she had entered," Grierson said, adding that Hamel later confessed to police that she had unlawfully entered the residence.

Crown's position on sentencing

Grierson said the Crown was seeking two five-day jail terms to be served consecutively for the mischief damage under $5,000 charge, the unlawfully entering a dwelling house charge, and 18-month non-reporting probation.

The Crown suggested one day in jail for failing to appear charge, which Hamel's court appearance would serve.

Grierson said the accused had a relatively limited criminal record with two recent entries "that were not especially related" or ones that garnered hefty penalties.

"So, this would be a step up," he said, "I would argue that putting the gas rig into the car tank is quite serious, and the five days in jail reflect that. There could have been a fire or even an explosion."

He noted that unlawfully entering a dwelling house was equally serious, as demonstrated by another five-day suggested incarceration term.

The defence's position

Smith countered with a seven-day global jail term for the two most serious charges, agreeing with the Crown's proposed one-day term for failing to appear for her court date.

He said his client was 28 years old and had her struggles with alcohol.

Smith added that another probation order for another offence ended in May, suggesting that a reporting condition and one for assessment, counselling, and treatment, as determined by Hamel's probation officer, be added.

Justice Downey said that Crown and defence submissions were very close and both would be appropriate sentences given the relative brevity of Hamel's criminal record, opting to go with the defence's submission.

Barry Kerton, TownandCountryToday.com