A. Musitano

The Ontario Review Board held an annual review of the disposition for an accused found not criminally responsible for arson.

The accused, who suffers from Parkinson's Disease and had experienced delirium, was living in an assisted living facility with 24/7 support.

The hospital and the Attorney General sought a conditional discharge, while the accused sought an absolute discharge.

Applying the Winko test, the Board found that the accused's risk factors were well managed in the community and that he no longer posed a significant threat to public safety.

The Board granted an absolute discharge.

The accused was found not criminally responsible for arson after setting fire to his home while experiencing hallucinations related to Parkinson's Disease.

At the initial disposition hearing, the Hospital and Attorney General recommended a detention order, while the accused sought a conditional discharge.

The Review Board found that the accused remains a significant threat to public safety due to his cognitive decline, history of alcohol use, and lack of insight.

A detention order was imposed to allow the Hospital to assess his medical needs, medication compliance, and appropriate supportive housing.