BY KEITH LACEY
A Sudbury woman who accidentally burned her home to the ground while suffering from mental health problems earlier this year will not have a criminal record.
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Justice Guy Mahaffy ruled Thursday he was convinced if Mary Warriner, 47, continues to take her medication and receive counselling, she is not a danger to the community.
Court heard Warriner was suffering from severe depression and other mental health issues when she tried to burn some dresses inside her home in late February.
Unfortunately, the fire she started soon went out of control and resulted in the $350,000 home she and her husband own burning to the ground.
No one was injured in the fire.
Warriner was charged with arson, but assistant Crown attorney Kenrick Abbott and defence lawyer Rejean Parise agreed Warriner was not criminally responsible for her actions that night and punitive measures like jail or a conditional sentence were not appropriate.
Abbott, however, asked that a conditional discharge be imposed forcing Warriner to continue to take her medication and remain in constant contact with her psychiatrist.
Parise argued Warriner has never been in any trouble with the law before, understands what she did was wrong, and is now committed to remaining on her medication to keep her problems under control.
Parise also informed the court the insurance company involved would not pay any money to the accused or her family because the fire was set intentionally.
WarrinerÂ?s husband has been a pillar of strength since this incident took place. The client has a very strong support system and poses no threat to re-offend, said Parise.
Â?She has very good insight into why this happened...and a very strong support system,Â? he said.
His client Â?deserves nothing less than an absolute discharge,Â? said Parise.
One of two psychiatrists who treated Warriner following this incident said severe depression was the key factor in what happened that night, but
Warriner is now on proper medication and is determined to stay on medication and live a normal life.
Abbott argued the doctorÂ?s report indicates that if the accused were to go off her medication, Â?thereÂ?s a 90 per cent chance of a relapse.Â?
Mahaffy said the Supreme Court of Canada has made it clear that when mental health problems cause first-time offenders to get into trouble with the law, the courts should impose the least punitive measures available.
ThereÂ?s no evidence available to him to indicate Warriner poses any kind of serious threat to herself or the public at large and an absolute discharge is appropriate under all the circumstances, he said.
