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A first-time offender with mental health challenges was sentenced to a 12-month conditional sentence for arson.
The defendant, Jennifer Castillo, was sentenced for intentionally or recklessly causing a fire and willfully causing property damage over $5,000.
The court considered various reports, including a pre-sentence report and a forensic psychological assessment, and the defendant's compliance with bail.
The Crown sought an 18-month conditional sentence and 3 years probation, while the defendant proposed a 1-year conditional sentence and 2 years probation, emphasizing her mental health challenges and rehabilitation efforts.
The court imposed a 12-month conditional sentence (6 months house arrest, 6 months curfew) followed by 2 years probation, ordered a DNA sample, and stayed the mischief charge.
The Crown's request for GPS monitoring was denied.
The accused was convicted of arson and property damage based on circumstantial evidence and expert testimony establishing exclusive opportunity and intentional ignition.
The accused, Jennifer Castillo, was charged with arson (s. 434 Criminal Code) and wilfully causing property damage exceeding $5,000 (s. 430 Criminal Code) following a fire at her rented basement unit.
The court, relying on circumstantial evidence and expert testimony, found that the accused had exclusive opportunity to start the fire and that it was intentionally set.
The defence's theory of an accidental fire caused by a space heater was rejected as speculative.
The court found the accused guilty on both counts, concluding that the Crown proved beyond a reasonable doubt that the accused intentionally or recklessly caused the fire.
