A mentally ill Kamloops woman who is dead set on murdering her disabled sister and then killing herself has been released from jail despite the fact experts have labelled her an extreme risk to re-offend.
Shauna Marie Hardy has been in custody since April, when she was arrested after threatening to kill her sister, who has the mental capacity of a two-year-old, and her probation officer. Hardy was placed on a probation term in February after previously threatening to kill her sister.
Based on her criminal record — one conviction for uttering threats — the Crown wasn’t seeking jail for Hardy. Court heard the 38-year-old was kept behind bars for so long because it was the only supervision available to prevent her from re-offending and to protect her sister.
Defence lawyer Michelle Stanford said health officials have rejected requests for round-the-clock supervision for Hardy because her condition — borderline personality disorder — is deemed not severe enough.
“The reality is, borderline personality disorder is a very grey area,” Stanford said.
Kamloops provincial court Judge Roy Dickey laid out his concerns about Hardy’s release, but ultimately said his hands were tied.
“The court has a significant concern, as do the psychiatrists who saw Ms. Hardy,” he said. “The indication is that she is a high risk to re-offend, committing an offence with respect to her sister. There is also a concern for Ms. Hardy herself.
“Unfortunately, the only supervision available is through incarceration and Ms. Hardy has already spent 163 days in custody.”
In a court-ordered psychiatric report, Hardy was deemed “an extreme risk.”
“Ms. Hardy indicates she still has plans to kill her sister and herself,” the report reads. “She believes both should join her dead mother.”
Dickey placed Hardy on a two-year probation term with orders barring her from contacting her sister and her former probation officer. Another term orders Hardy not to enter a 200-kilometre radius of Kamloops.
Court heard she plans to live with a relative in the Lower Mainland.
Dickey also ordered Hardy to maintain her mental health based on advice from doctors and banned her from possessing weapons. In addition, she was ordered to surrender a sample of her DNA to a national criminal database.
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