Client pled guilty to causing a disturbance. She suffered severe mental illness at the time. Since then, she had maintained good mental health. Crown argued for a conditional discharge, citing the need to ensure she continued to take medication and see a psychiatrist. Defence asked for an absolute discharge, stating that conditions as part of the discharge were unneeded incentive. Client had already accomplished what could be expected on the terms of a conditional discharge. The defence further submitted that the criminal court was not the place to address the client’s illness. Other recourse, such as certification under the Mental Health Act, could be sought if she stopped tending to her mental health.
Held: Absolute discharge granted.