Distributing and Making Available Child Pornography (Sentencing Cases)

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See also: Possessing and Accessing Child Pornography (Sentencing Cases) and Making Child Pornography (Sentencing Cases)

2010 to present

Case Name Prv Crt Sentence Amount Summary
R v Beleznay,
2014 SKPC 200 (CanLII)
SK PC 3 years (global)
1 year (making avail)
2 years (poss'n)
60,000 files The offender was convicted at trial of possession and making available child pornography. The depictions were of children ranging from infants to teenagers who were involved in sexually explicit activity including intercourse, digital penetration, fellatio and group sex. He was sharing 116 files with 4,000 other users. The offender showed no insight into the seriousness of the offence. He had no prior record. The Crown elected to proceed by indictment.
R v Lang,
2015 ABPC 25 (CanLII)
AB PC 1 year (poss'n)
3 years (distrib)
4 years (global)
3,107 unique images
5,280 unique videos
R v Kroeker,
2014 SKQB 137 (CanLII)
SK SC 2 years (poss'n)
1 year (making avail) both concurrent
100k images
6k videos
R v Stupnikoff,
2013 SKPC 57 (CanLII)
SP PC 5 years (avail) 4 years (possn) approx 80,000 files The offender pleaded guilty to one count of possession and one count of making available child pornography. He was arrested in 2012 with over 80,000 files of child pornography. He used file-sharing software that allowed others to download child pornography from him. The offender was 58 years old and employed as a long-haul truck driver. He had a 2005 conviction for possession of 8544 images and videos of child pornography where he received a 18 month conditional sentence. He opted out of treatment once his probation was complete on the 2005 charges. He had support of his wife.
R v Hughes,
2014 ONCJ 231 (CanLII)
ON PC 12 months (global)
4 months (poss'n)

8 months (making avail)

355 images, 242 videos The offender pleaded guilty to possession and making available child pornography. He was discovered to have sent 23 images of child pornography to two other persons through the website motherless.com. the materials depicted children between the ages of 2 and 11 years-old. Some materials were highly graphic.

Mandatory minimums post-2012 applied.

R v Brunton,
2014 ONCJ 120 (CanLII),
ON PC 90 days (making)
12 months (distrib.)
R v Lukat,
2014 ABCA 112 (CanLII)
AB CA 18 months The offender pleaded guilty to making available and possession of child pornography as well as a weapon offence.
R v Schledermann,
2014 ONSC 674 (CanLII)
ON SC 4 years The offender pleaded guilty to voyeurism, possession and making available child pornography.
R v R.(A.),
2013 ONCJ 221 (CanLII)
ON PC 20 months (distribution)
20 months (poss'n)
20 months (accessing)
voyeurism (3 months)
R v Doxtator,
2013 ONCJ 139 (CanLII)
ON PC 15 months each count 1,071 images The offender pleaded guilty to distributing child pornography and child luring. He communicated with an undercover police officer who was posing as a 15 year old female. He enticed her to masturbate twice and stated he would like to have sex with her. He sent her child pornography depicting intercourse between children and adults as well as adult pornography. His computer contained child pornography collection. Offedner was 49 years old, no criminal record, and was unemployed. He previously was as trucker. He had significant amount of support. He also expressed remorse. Probation (3 years) ordered.
R v Reynard, 2013 BCPC 279 (CanLII) BC PC 2 years (distrib)
1 year (poss'n),br> 1 year (luring)
The offender pleaded guilty to distribution, and possession of child pornography as well as luring and breach of recognizance.
R v Mills,
2013 ABPC 181 (CanLII)
AB PC poss'n
(1 year)
making
(2 years)
interference
(4 years)
luring
(1 to 2 years)
offender is 18 years old. He meets three girls online (age between 13 and 15), gets them to masturbate for him over webcam. He tries to meet up with them. He is successful to meet up with one and have sexual intercourse with her over several years.
R v White, 2013 CanLII 9507 (NL SCTD) NL SC 1 year (making)
1 year (poss'n)
1 year (distrib)
1 year (luring)
The offender pleaded guilty to making, distributing and possessing child pornography and luring. He extorted a 16-year-old female to perform sexual acts for him over a webcam. He threatened to put fake nude images of her online if she did not comply. The police were notified and undercover officer posed as the victim and the offender demanded she pose and masturbate on line for him. A residential search warrant revealed a small amount of child pornography on his computer.
R v C.G.L.,
2013 ABCA 140 (CanLII)
AB CA poss'n (12 months)
accessing (12 months)
making (24 months)
interference (6 months each)
6,973 images In addition to CP there were 21,890 commercial child modelling, including pictures of the victim. Browsing history searching for CP terms.
R v Wright,
2012 ONCJ 698 (CanLII)
ON PC Poss'n (12 months + P)
Making Avail. (12 months + P)
404 videos, 40 images peer-to-peer investigation
R v Allen,
2012 BCCA 377 (CanLII)
BC CA 3 years 880,000 images and videos The offender pleaded guilty to sexual assault, possession of child pornography and distribution of child pornography. He communicated with an undercover officer online for trading in child pornography. He provided the officer with 6,700 images of child pornography. Materials mostly depicted child pornography on the highly graphic side. The offender met a 14 year old male online and arranged a threesome with a friend. There was oral and anal sex between the three persons. Both the offender and his friend were HIV-positive and did not use a condom. The offender was 53 years old, with no record. He was a member of the RCMP and obtained a law degree. He had an addiction to crystal meth. He was remorseful, but blamed some his interests in child pornography on drugs. Appealed from 2012 BCSC 215 (CanLII).
R v DelGiacco,
2012 ONCJ 469 (*no link)
ON PC 9 months (joint recommendation) Offender pleaded guilty to making available. The police were able to download 47 files of child pornography from him through a peer-to-peer filesharing network. His computer contained 2,257 videos and 652 images. The offender was 20 years old and had no record. He lost his career goal of being a teacher as a result. Probation (3 years) ordered.
R v SDP,
2012 SKQB 330 (CanLII)
SK SC global (3 years) 4,507 images and videos

The offender pleaded guilty to making child pornography (x 50), possession of child pornography (x 2), and accessing child (x 1). He was discovered through a peer-to-peer investigation on the GigaTribe network. The materials were found on two computers in the offender's residence. He was fully cooperative with the police and gave an inculpatory statement admitting to involvement with child pornography since he was 14 years-old. He provided police with his usernames and passwords. Child pornography was found on his Facebook profile. At the time of search of his residence he was in the process of downloading over 12,000 files of child pornography. The offender's browsing history suggested that interested in meeting up with live children. His friend network included several hands-on offenders. The Crown sought seven years. The offender was 22 years old it was described as a frail introvert. He was employed in the family business. He had a limited unrelated record. A risk assessment indicated that he was of medium risk to reoffend.

R v Clayton,
2012 ABCA 384 (CanLII)
AB CA 1 year (poss'n)
1 year (access)
2 years (distrib)
3 years (global)
4,600 images The offender was found guilty of possession, accessing, and distribution of child pornography. He was found collecting child pornography over 10 months. The files were mostly of females who were naked or involved in intercourse andoral sex. There were also chat logs showing the offender chatting with 213 persons discussing interest in images and sharing online. The offender was 30 years-old and employed in the british army. He had no prior record and had two post-secondary degrees. He was abused as a child. He was given three month remand credit. Appealed from 2012 ABQB 333 (CanLII)
R v Tettersell,
2012 ABCA 57 (CanLII)
AB CA 2 years (poss'n)
2 years (making)
2 years (distr)
2 years (interference)
global (8 years)
Offender had a collection of thousands of CP images as well as videos and stories. He was involved in "large scale" sharing online. OFfender took sexually explicit videos and photos of a child between 7 and 9 years old which he traded online. He also revealed child's name to others online. He was in a position of trust to the child.Offender cooperated with police. He plead guilty but minimized his responsibility. Psych report stated he was high risk to re-offend.
R v Benson,
2012 SKCA 4 (CanLII)
SK CA Poss'n (15 months) 23 images and 1 video
R v M.G.,
2011 NBPC 10 (CanLII)
NB PC Global (15 years) over 11 years duration, also charged with making and possession
R v V.L.,
2011 ONSC 218 (CanLII)
ON SC

Five years (global)
3 years (distribution)
2 year less a day (possessing)

2,097 images, 1,763 stories, 574 videos The offender pleaded guilty to possession and distribution of child pornography. He was discovered by an undercover police officer in an online family sex chat room. He shared pictures and text with the officer. A residential search warrant revealed 17 different devices containing child pornography. The illegal materials amount to about 12.1 GB of data across all devices. The evidence suggested he collected from as early as 1998. There was 85 GB of data that was encrypted and unable to be viewed by investigators. Logs showed that he was a frequent user of Internet newsgroups rooms where he would share what appeared to be child pornography. The offender was 56 years old with no prior record.
R v Hilderman,
2010 ABPC 183 (CanLII)
AB PC 2.5 years 1,900 images, 23 texts, 540 videos also convicted of two counts of possession; and breach of recog.--after being released on first charge he obtained more material while on bail--materials show ages 5 to 17, including graphic sexual acts, bondage and brutality--made available through P2P software--moderate high risk of reoffence--addicted to CP
R v Cuttell,
2010 ONCJ 139 (CanLII)
ON PC poss'n (18 months)
making avail. (18 months)
R v McArthur,
2010 ABPC 231 (CanLII)
AB PC 2 years (distribution); 6 months (poss’n) Approximately 50,000 images, 2500+ videos The offender pleaded guilty to possession (x 2) and distribution of child pornography. He was discovered online in a chat room by an undercover police officer. He sent 11 images of child pornography to the officer. A search of his home computer revealed a significant collection of child pornography. The materials depicted very young children especially toddlers and infants. Many files depicted sexual violence and intercourse. The offender was involved in downloading these materials for a long period of time. After his arrest he was arrested again for possessing child pornography on his cell phone. He was 26 years-old with no criminal record. He had a limited intellectual capacity. He was isolated and marginalized and was generally a loaner. He appeared to be remorseful and did not minimize his role. The presentence report was positive.
R v Berman, 2010 ABPC 371 (CanLII) AB PC 90 days The offender pleaded guilty to distribution of child pornography. He sent two images of child pornography to an undercover police officer. The images depicted females between the ages of 10 and 12 years of age exposing their genital organs. Examination of the offender computer revealed no saved images of child pornography. The offender appeared to be a member of a child pornographic chat site. He had he had sent a non-pornographic picture of his young cousin to members of the site. The offender was socially awkward with no history of relationships. He was a low risk to reoffend. He possibly suffered from Asperger's syndrome. He was employed and had family support. He showed remorse and insight into the offence. His psychological profile suggested that prison would be extremely difficult on him.
R v Bock,
2010 ONSC 3117 (CanLII)
ON SC Global (2 years, 9 months) 1000 videos; very large collection guilty plea; no record
R c Couture,
2010 QCCA 614 (CanLII)
QC CA 23 months CSO The offender pleaded guilty to possession, accessing, and distributing child pornography.
R v Mathieson,
2010 ONCJ 616 (CanLII)
ON PC 16 months (poss’n); 12 months (making) 1,774 pictures also charged with possession; was found printing images at store
R v Brandridge,
2010 ONCJ 450 (CanLII)
ON PC 3 years (poss'n)
3 years (distrib)
2 years (making)
35,000 unique images, 485 videos The offender pleaded guilty to possession, distributing, and making child pornography. He was 45 years-old with no record.

1998 to 2009

Case Name Prv Crt Sentence Amount Summary
R v B.H.L.,
2009 ABPC 50 (CanLII)
AB PC Distrib. (2 years less a day)
Poss'n (1 year)
32,517 images 800 of images were Missions Category 4
R v Johannson,
2009 SKQB 12 (CanLII)
SK SC poss'n (12 months) 26 videos and 20 images guilty plea to 3 counts possession, found guilty of making available--images of boys aged 10 to 15--offender age 26, attending university, no record
R v Blatchley
2009 ONCJ 404, [2009] O.J. No. 3878
ON PC 3 years The offender pleaded guilty to distribution and possession of child pornography.
R v Vasic,
2009 CanLII 23884 (ON SC)
ON SC 19 months The offender was found guilty of making available and possession of child pornography as well as firearms offences.
R v D.C. and M.G.,
2009 NBCA 59 (CanLII)
NB CA poss'n (12 months) also charged making and distribution, joint recommendation, otherwise judge would have gone higher.
R v Bergeron, 2009 ONCJ 104 (CanLII) ON PC 21 months The offender pleaded guilty to distributing child pornography and child luring.
R v Dolovich, 2009 MBPC 17 (CanLII) MB PC 2 years less a day CSO The offender pleaded guilty to distribution and possession of child pornography.
R v Alcorn,
2008 ONCJ 547 (CanLII)
ON PC poss'n (16 months) making available
R v Schultz,
2008 ABQB 679 (CanLII)
AB SC 1 year The offender pleaded guilty to distribution of child pornography.
R v Garcia,
2009 BCSC 407 (CanLII)
BC SC 2 years The offender pleade guilty to making available and accessing child pornography.
R v Houston,
2008 SKQB 174 (CanLII)
SK SC 15 months (distrib) The offender pleaded guilty to distribution of child pornography. The materials consisted of written stories depicting sexual relationships between adult men and female children. He was an active member to a website dedicated to relationships between children and adults. He had over 12,000 postings to the website and exchanged over 11 graphic stories. He was an active advocate for the cause and encouraged others to share stories. He accused in a believe his conduct was illegal and showed little remorse. The offender was 55 years old with a post secondary education. He had irregular employment and acted as a tutor to children in the past. He had previously undertaken to attend counseling but was asked to leave due to inappropriate conduct. At the time the sentencing was looking after his elderly mother. He was assessed as a medium risk to reoffend. Three years probation was ordered.
R v Smith,
2008 CanLII 59107 (ON SC)
ON SC 20 months The offender was found guilty of making available and possession of child pornography.
R v T.L.B.,
2007 ABCA 61 (CanLII)
AB CA poss'n (18 months) also charged with interference
R v Kozun,
2007 MBPC 7 (CanLII)
MB PC 18 months CSO 3368 pics and 350+ vids pre-dates amendments; upeld at appeal 2007 MBCA 101 (CanLII)
R v J.A.M.,
2007 SKPC 44 (CanLII)
SK PC 2.5 years transmitting live child pornography over network
R v Coutu,
2007 CarswellOnt 8648 (Ont. Sup. Ct.)
ON SC 3 years, 2 months 1.9 million CP and related images guilty of possessing and making available CP--“straggering volume” with “horrendous” content, included 1,917,288 images and 16,422 videos, of which 16,084 were photographic images, 44,487 images involving child nudity, 784,415 "other” photographs with children. There were 600 child pornography video clips; 112 of child nudity and 7,742 other video clips involving children
R v Warn,
2007 O.J. No. 3581 (Ont. C.J.)
ON PC 15 months (distrib) 15,000+ photos and 50+ videos The offender pleaded guilty to distribution and possession of child pornography. He operated a server that shared over 15,000 images and 50 videos with people online. He also had several discs containing over 700 images and 160 videos. The materials depicted females between the ages of five and 13, with some as low as three years-of-age. The materials depicted sexually explicit activity. The offender had a long-standing interest in the material and appeared to have a sexual attraction to children. He was 25 years-old with no criminal record. He was remorseful and sought counselling immediately upon arrest. At the time of sentencing he had completed 700 hours of volunteer work with a child abuse survivors organization. He was given eight months credit for his volunteer work. Three years probation was ordered.
R v Treleaven,
2006 ABPC 99 (CanLII)
AB PC 3.5 years (distribution) 20 GB of files The offender pleaded guilty to distribution of child pornography. He was found to be the administrator of a international chat group that shared child pornography. The materials depicted real children, including toddlers and infants, being sexually assaulted by adults. There was also materials depicting incest and bestiality. The offender was 49 years old, married and had a positive employment history. He had prior criminal convictions for gross decency and indecent assault in relation to incidences in the 1970s. It was a joint recommendation for 3.5 years. A lifetime 161 order was made.
R v Shelton,
2006 ABCA 190 (CanLII)
AB CA 15 months (global) The offender pleaded guilty to possession and distribution of child pornography. Over two or three years he engaged in trading of child pornography online. His collection appeared to be "sophisticated, organized and extensive". He admitted collecting since the age of 14. The materials depicted real children between the ages of six and eight years old involved in oral, anal and vaginal sex. At least one photo involved a nine month old baby. Certain materials depicted suffering of children. He ran website that engaged in the exchange of these materials. The records showed that there were over 75,000 trades with persons in over 52 countries. The offender was between 20 and 22 years old at the time of the offence. He had no criminal record. He was remorseful and was not an active pedophile. But he rated high for sexual compulsivity. The Court of Appeal overturned a conditional sentence. Probation of two years was also ordered.
R v Sutherland,
2006 BCPC 133 (CanLII)
BC PC 9 months (distrib) 10,000+ The offender pleaded guilty to distribution of child pornography. He was discovered by an undercover police officer in a chat room. The officer was impersonating a 14-year-old girl. The offender engaged in sexually explicit chat with the officer and sent 30 images of child pornography. A residential search seized his computer which contained child pornographic materials. The materials depicted prepubescent females engaged in sexual explicit activities with adults. Many were category 4 of the COPINE scale. The offender was engaged in the exchange of these materials with other people online. The offender was 49 years old and suffered from a variety of health conditions. He admitted to distributing hundreds of pictures to others. He was socially isolated and spent most of his time on the Internet. He was a heavy drinker. He had no criminal record and was remorseful. He had undertaken no counseling. Two years probation was ordered.
R v Hassell,
2006 A.J. No. 1679 (Alta. P.C.)
AB PC 9 months

The offender pleaded guilty to distributing child pornography. He traded materials in chat rooms twice per week for five years. This continued until he was caught. The materials depicted females in the nude with a focus on the genitals. Several photos included intercourse between adults and children. He gave an inculpatory statement to the police. The offender was 64 years old with no record. He was employed in a management-level job within the oil and gas industry until several years before the arrest. He was assessed and sound to be of low risk to reoffend. The judge ordered three years probation and a 10-year section 161 order.

R v Reeves, 2006 QCCQ 12583 (CanLII) QC  ?? 20 months The offender pleaded guilty to importing child pornography (163.1(3)).
R c Garneau,
2006 QCCQ 12581 (CanLII)
QC  ?? 9 months The offender pleaded guilty to accessing, possession and distribution of child pornography.
R v Neilly,
2006 CarswellOnt 2396 (Ont. C.A.)
ON CA 1 year also charged with possession
R v Anderson,
2005 ABPC 99 (CanLII), A.J. No. 535
AB PC 9 months massive collection no record; only some distributed; admitted addiction; diagnosed as a paedophile in the low-risk category
R v Jaune,
2005 BCPC 646
BC PC 18 months CSO The offender pleaded guilty to possession for the purpose of distribution.
R v Kim,
2004 CanLII 32118 (ONCA), (2004), 181 O.A.C. 88
ON CA 9 month CSO large collection possession and distribution, border-line unsuccessful crown appeal
R v Larocque,
2004 ABPC 114 (CanLII)
AB PC 18 months (distrib)
$1,000 (soliciting)
1000 images, 250 videos The offender pleaded guilty to distribution of child pornography and soliciting a prostitute. He was a member of an online child pornography group of 15 people from 10 countries. The initial moderator was arrested, so the offender became the new moderator. The group was selective on membership, only letting those who shared in high-quality child pornography to join. The materials involved were highly explicit. He became a Crown witness against another accused. He was 23 and 24 years old at the time of the offence. Three years probation and 10 years under a 161 order were made.
R v Faget,
2004 BCCA 66 (CanLII)
BC CA 9 months guilty plea to poss’n for purpose of distrubtion; age 18; no record; remorseful and empathetic; no indication of emotional difficulties; low risk to reoffend; collection was part of adult pornography business; included category 4 material as per Missions
R v Kim,
2004 CanLII 32118 (ON CA), (2004), 181 O.A.C. 88
ON CA 9 month CSO large collection also charged with possession, border-line unsuccessful crown appeal
R v Weber,
2003 CanLII 28579 (ON CA)
ON CA 14 months CSO The offender pleade guilty to possession and distribution of child pornography.
R v Dunphy,
2003 NBQB 272 (CanLII)
NB SC 20 months CSO The offender pleaded guilty to possession and distribution of child pornography.
R v Currie,
2003 CanLII 33601 (MB PC)
MB PC 2 years (distrib) 4,500 images, 50 videos The offender pleaded guilty to distribution of child pornography. The police searched his residence finding a computer. The machine contained child pornography depicting nudity and sexual intercourse with children. The offender was 34 years-old and had a prior conviction for interference for which he received 23 months jail. He was a diagnosed pedophile and attempted to minimize the offence and the harm the materials caused.
R v Elder,
2002 MBCA 133 (CanLII)
MB CA 5 months CSO The offender pleaded to distribution of child pornography.
R v Cohen,
[2001] O.J. No. 1606 (Ont. C.A.)
ON CA 14 months CSO also charged with poss’n
R v Yaworksi,
2000 O.J. No. 2613 (Ont. C.A.)
ON CA 12 months The offender pleaded guilty to distribution of child pornography. He was 20 years-old with no record.
R v Lisk,
[1998] O.J. No. 1456 (Ont. C.A.)
ON CA 3 months 111 images The case involved the distribution of child pornography in order to obtain more child pornography.
R v Lowes,
[1998] 5 W.W.R. 147 (Man. Prov. Ct.)
MB PC $5,000 The offender pleaded guilty to distributing child pornography. He downloaded images and posted them on a public network. The offender was 27 yeasr-old and had a positive work history. Two years of probation was ordered.
Term PC SC CA S/S
Defined Provincial
Court
Superior
Court
Court
of Appeal
Suspended
Sentence