Crown appeals sentence in attempted murder case

A jilted boyfriend who set fire to a woman’s home, badly burning her seven-year-old daughter, got off easy, the Ministry of the Attorney General believes.

Attempted murderer Kenneth James Kormendy has been put on notice that the Crown is appealing his sentence. Kormendy is also appealing — not only his sentence that he believes is too harsh, but also his conviction.

Kormendy, 45, was sentenced last month to 11 years in prison. Superior Court Justice Christopher Bondy found Kormendy guilty of three counts of attempted murder and five arson-related charges for the Oct. 25, 2015, fire at Sheri Rueda’s Balfour Boulevard bungalow. Kormendy was found guilty of pouring gasoline over the bed where Rueda lay with her sleeping seven-year-old daughter. He then set the gasoline on fire with a lighter, returning to the burning home to rescue Rueda’s toddler, a one-year-old girl court heard Kormendy had grown attached to.

The toddler was unharmed in the fire, but Rueda’s daughter, Isabel, suffered devastating injuries. Described in court as a once-carefree, social butterfly, she now shies away from the persistent stares of other children. Because of the burns she suffered, she has to wear compression bandages on her body, including a mask on her face. She will require repeated surgeries to loosen scar tissue as she grows.

Kormendy, who was arrested the night of the fire, remained in jail throughout his trial. Bondy gave him the customary enhanced credit for time deemed already served — 1.5 days for every day Kormendy had spent behind bars. That threeyear credit reduced Kormendy’s 11-year sentence to slightly less than eight years.

But as assistant Crown attorney Walter Costa explained at the time of Kormendy’s sentencing, eight years is not really eight years in Canada’s criminal justice system. Inmates are routinely granted day parole after one-third of their sentences, meaning Kormendy could be released after serving slightly more than 2½ years.

Outside the courthouse after Bondy imposed sentence, Costa voiced his disappointment. “I respectfully disagree with his honour. He has effectively imposed a five-year sentence on very horrific and vile conduct.”

Costa had been seeking a life sentence for Kormendy with no chance of parole for 10 years.

Kormendy maintained his innocence and since the day he was convicted, vowed to appeal. Kormendy fired the lawyer who tried his case and hired defence lawyer Helen Burgess to handle his sentencing. Contacted Friday, Burgess said she no longer represents Kormendy.

The Ministry of the Attorney General reportedly served Kormendy with its notice of appeal behind bars. Contacted Friday, a ministry spokeswoman declined to comment.

“As this matter is before the court, it would be inappropriate to comment,” Emilie Smith said. “The Crown will make its position known at the appropriate time, in its factum and submissions to the Court of Appeal.”

The Crown will make its position known at the appropriate time, in its factum and submissions to the Court of Appeal.