Well, again, we're talking about something that is objectively minor. My question is the same point: do we want somebody to carry a criminal record where they have caused something that was objectively very minor?
Their option would be either to render the decision where there would be a criminal record, or to say to themselves, “Look, I realize that it's causing a fire, but it's really not all that significant, and I know that it would generate a criminal record, so therefore I am not going come down as hard as I should because I don't have the option of coming down in a less serious way...I only have to come down in a harsher way, which in fact is a punishment beyond what should be the case”.