Possessing and Accessing Child Pornography (Sentencing Cases)

From Criminal Law Notebook
This page was last substantively updated or reviewed October 2023. (Rev. # 90743)



April 2020 to present

See also: Child Pornography Sentencing, Distributing and Making Available Child Pornography (Sentencing Cases), and Making Child Pornography (Sentencing Cases)


Case Name Prv Crt Sentence Amount Summary
2023
R v McDowell, 2023 ABPC 59 (CanLII), per Tibbitt J AB PC 4 years imprisonment 31,500 files "This 70-year-old offender was sentenced to four years in prison for possession of an extensive collection (31,500 unique items). The material was diverse in severity of content, and the offender had been accessing material for 30 years. He was otherwise a functioning member of society. The offender was found to have a high risk to reoffend, failed to appreciate the harmfulness of his crime, and had not undertaken treatment." (Quoting from R v Borchert, 2023 ABKB 647 (CanLII))
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Keywords: None
R v Borchert, 2023 ABKB 647 (CanLII), per Inglis J AB SC 16 months imprisonment (poss'n)
plus probation
2,151 images
692 videos

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Keywords: guilty plea — sharing one video — 2-year offence
R v Rozell, 2023 ABKB 527 (CanLII), per Michalyshyn J AB SC 6 months imprisonment plus 24 months probation 451 images and 20 videos "This offender pleaded guilty to possession of child pornography. The offender had a combination of intentionally and non-intentionally saved images on two phones, totalling 451 images and 20 videos. This case directly examines whether a fit sentence can include a CSO. In this instance, a CSO was not appropriate and 6-months’ incarceration, plus a 24-month probation sentence was entered. " (Quoting from R v Borchert, 2023 ABKB 647 (CanLII))
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Keywords: guilty plea — 54-year-old offender — breach of release order — rejected CSO
R v Smith, 2023 BCPC 188 (CanLII), per Doulis J BC PC 10 months imprisonment (poss'n)
plus 3 years probation
2,024 images and 46 videos
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Keywords: gladue
R v LHH, 2023 BCPC 82 (CanLII), per Flewelling J BC PC 13 months imprisonment plus 2 years probation 100,000+ "Judge Flewelling rejected the defence’s submission for a conditional sentence and imposed acustodial sentence of 13 months followed by two years’ probation. L.H.H. had a multitude of mitigating factors to his credit, including: (a) no relevant criminal record; (b) an early guilty plea; (c) actively engaging in counselling for sexual offending prior to sentencing; (d) insight into the harm that child pornography perpetuates against children; and (e) genuine remorse. Judge Flewelling found aggravating: (a) the large size of L.H.H.’s collection (described as being in the hundreds of thousands; (b) L.H.H.’s collection comprised “horrific videos and images which include penetration, fellatio, and bondage “which [the court] would consider sadistic in nature”; and (c) the very young age of many of the victims shown in the video. " (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: early guilty plea — insight — remorse — large collection — CSO rejected
R v Mathiesen, 2023 NSSC 314 (CanLII), per Hoskins J NS SC 682 days imprisonment 20,032 images and 45 videos
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Keywords: 54-year-old offender — recognizance — remand credit
R v McCaw, 2023 ONCA 8 (CanLII), per Trotter JA ON CA 3 years imprisonment 7 images and 3 videos "the Court of Appeal dealt with a defendant who had been convicted of possession of child pornography for the third time. The trial judge had imposed a conditional sentence in part due to the defendant’s mental health challenges which included Asperger’s syndrome, obsessive-compulsive disorder, depression and agoraphobia. The Court of Appeal reversed the conditional sentence imposed by the trial judge and imposed a three year penitentiary term less presentence custody, less time spent serving the conditional sentence and less six months for the 3.5 years spent on a strict bail." (Quoting from R v Tcheong, 2023 ONCJ 205 (CanLII))
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Keywords: found guilty — CSO rejected — autism — OCD — depression — prior related convictions
R v Treloar, 2023 ONCJ 100 (CanLII), per North J ON PC 6 months imprisonment 2,500 images "This 60-year-old offender with evidence that 2500 images had been accessed on his computer over a period of one year. Images were categorizable along entire severity spectrum. Six months in prison was imposed, and the Court noted that this was impacted by the fact that the Crown chose to proceed by summary conviction. The case considers the impact of immigration consequences for the offender but ultimately determines that he “[was] the author of [those] consequences by committing this serious offence.” (Quoting from R v R v Borchert, 2023 ABKB 647 (CanLII))
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Keywords: 1-year offence — immigration — 60-year-old offender
R v Crump, 2023 ONCJ 132 (CanLII), per De Filippis J ON PC 6 months imprisonment 154 images "This offender was 26 at the time of arrest. He was charged with accessing, possessing, and making available child pornography. 4.5 years of strict bail conditions were a relevant factor. Images were low in seriousness and the offender was found to be a low risk to reoffend. He was sentenced to 6 months in jail. This case also asserts that CSOs are exceptional." (Quoting from R v Borchert, 2023 ABKB 647 (CanLII))
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Keywords: None
R v AM, 2023 ONCJ 181 (CanLII), per Richardson J ON PC 9 months imprisonment plus 18 months probation 18 images and 5 videos
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Keywords: 38-year-old offender — downloading
2022
R v Friesen, Daniel, 2022 ABPC 129 (CanLII), per Stirling J AB PC 6 months imprisonment plus 24 months probation 302 images and 3 videos
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Keywords: None
R v Friesen, Derek, 2022 ABPC 130 (CanLII), per Stirling J AB PC 6 months imprisonment plus 24 months probation 29 images and 94 videos
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Keywords: None
R v Bultmann, 2022 ABPC 106 (CanLII), per Brown J AB PC 2 years less a day CSO 30,784 images and 642 videos "The offender was sentenced to 2 years less a day CSO, followed by 3 years probation after a guilty plea. He committed the offence between the ages of 25-30. The collection contained 30,784 child pornography images and 642 videos. All of these were either anime or computer generated (there were no live humans in any of the content)" (Quoting from R v Borchert, 2023 ABKB 647 (CanLII))
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Keywords: None
R v SB, 2022 ONCJ 536 (CanLII), per Latimer J ON PC 2 years less a day CSO 40,000 images and 600 videos "Justice Latimer of the Ontario Court of Justice sentenced an Indigenous man found in possession of over 40,000 images and 600 videos of child pornography to a two-year-less-one-day CSO. The offender’s childhood was riddled with abuse – both physical and sexual. He was socially isolated from other children during preadolescence, in part because of poverty and the family’s transient existence. " (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: abused as child — gladue
R v Thibodeau, 2022 BCCA 386 (CanLII), per Abrioux JA BC CA 13 months imprisonment "Judge Silverman sentenced the 60-year-old offender after trial of possessing child pornography over a five-year period. Mr. Thibodeau had a very dated and unrelated criminal record. Judge Silverman imposed a sentence of 13 months’ jail, although one month of that sentence was attributable to his failure to attend court for the sentencing hearing. In R. v. Thibodeau, 2022 BCCA 386... Justice Abrioux found the judge erred when increasing the jail sentence from 12 months to 13 months for Mr. Thibodeau’s failure to attend the sentencing hearing, and reduced the custodial sentence to 12 months." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: None
R v Pelletier, 2022 BCPC 125 (CanLII), per Morgan J BC PC 14 months imprisonment (poss'n)
plus probation, DNA, SOIRA, section 161
over 50,000 images and hundreds of videos "involved a 39-year-old Indigenous male first-time offender with significant Gladue factors, who possessed a very large child pornography collection. The Crown proceeded summarily. Despite his “very difficult and traumatic childhood”, Mr. Pelletier had multiple mitigating factors to his credit, including: (a) an early guilty plea; (b) early cooperation with the police; (c) remorse; (d) insight into the harm caused to the child victims; (e) willingness to take counselling; (f) presented a low risk to reoffend; (g) compliant with his bail conditions; (h) no criminal record; (i) significant Gladue factors; (j) full participation in the development of the three Pre-sentence Reports; (k) a good, albeit intermittent, work history; and (l) was a supportive father to his children who lived with their mother. Judge Morgan found aggravating: (a) the very large size of the collection (over 50,000 images and hundreds of videos); (b) the high level of depravity; (c) the very young age of many of the victims; (d) the offender accessed and collected child pornography over a two-year period. Judge Morgan noted Mr. Pelletier’s low risk of reoffending was often the case with online child pornography offenders. The salient issue before Judge Morgan was whether a conditional sentence was a fit sentence." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: guilty plea — 39-year-old offender — gladue — large collection — remorse
R v JS, 2022 BCPC 137 (CanLII), per Harris J BC PC 9 months imprisonment (poss'n)
1 year imprisonment (1)
330 images and 12 videos "Judge Harris imposed a 30-month sentence on an offender who pled guilty to possession of child pornography (nine months concurrent), distribution of child pornography (one year consecutive), and voyeurism (18 months concurrent). The offences were committed against J.S.’s common-law spouse’s teenage daughters. Judge Harris found aggravating: (a) the offences involved the abuse of children; (b) a breach of trust; (c) the three-year duration of the offending; (d) the degree of planning and deliberation; and (e) the images were distributed using the Internet, thereby making it impossible to control further publication of the offending images. Judge Harris found mitigating J.S.’s: (a) guilty pleas; (b) lack of criminal record; (c) rehabilitative steps; (d) genuine remorse; and (e) community support." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: guilty plea — step-daughter victims — breach of trust — voyeurism
R v Perry, 2022 BCPC 251 (CanLII), per Mrozinski J BC PC 18 months imprisonment 1,500 images "the offender was 40 years old with no criminal record. He had served 20 years in the Canadian military and led a pro-social life. Mr. Perry had a small child pornography collection but it included images that were “on the outer edge of depravity and violence upon children”." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
"involved a 40 year old man. He received a custodial sentence of eighteen months followed by twenty-four months of probation. He had no prior record and had lived a pro-social life. He had approximately 1500 images in his possession, there was a luring aspect involved and he was found to be a risk to children. Judge Mrozinski, at para. 22 suggested that the eight month custodial sentence in Alexander was likely low and possibly no longer fit post Friesen. After an extensive review of authorities, she concluded at para. 28 that “mitigating and aggravating factors have served in many of these cases to anchor a sentence with the range of four months to two years.”" (Quoting from R v LHH, 2023 BCPC 82 (CanLII))
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Keywords: 40-year-old offender — no record
R v CWCL, 2022 BCPC 54 (CanLII), per Challenger J BC PC 8 months CSO 1,375 images and 107 videos "Judge Challenger, sitting in Indigenous Court, imposed an eight-month conditional sentence followed by three years’ probation on an Indigenous first-time offender to one count of possessing child pornography. The court recognized this represented a “markedly lenient disposition”. Judge Challenger found aggravating: (a) the length of time C.W.C.L. was involved in possessing, viewing and sharing images of sexual assaults and exploitation of children; and (b) his collection comprised many images of penetrative sexual assaults between children and adults, comprising 1,375 images (of which 492 were duplicates) and 107 videos (of which 13 were duplicates). Judge Challenger found mitigating C.W.C.L.’s: (a) early guilty plea; (b) sincere remorse; (c) lack of criminal record; (d) rehabilitation, which was well underway; (e) expressed willingness to continue treatment and programming to address his rehabilitation; (f) low risk to reoffend (given his ongoing steps to improve his mental and physical health); (g) significant Gladue factors; and (h) compliance with bail conditions. Judge Challenger found (at para. 58) that C.W.C.L.’s “physical health concerns, cognitive limitations, mental health challenges and naiveté would result in a period of incarceration in an institution being an overly harsh disposition which would doubtless prove to be disproportionate in all the circumstances.”" (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: early guilty plea — remorse — low risk — graphic imagery — lenient — gladue
R v BH, 2022 BCPC 284 (CanLII), per Jette J BC PC 12 months imprisonment plus probation 9,405 images and 83 videos "Judge Jetté sentenced a 32-year-old man addicted to crack cocaine to 12 months’ jail followed by 18 months’ probation. She found aggravating: (a) the number of images and videos; (b) the level of depravity of the images; (c) B.H.’s participation in two chat groups dedicated to the sharing of child pornographic images and his role as the administrator for one of them; (d) B.H. was engaged in a year-long sexualized chat with a 15-year-old female; and (e) B.H. asked for and obtained intimate images from that young person. Judge Jetté also expressed concerns that B.H.’s comments in text messages suggested he might engage in sexual activity with children, possibly even his own four-year-old daughter. Judge Jetté found mitigating B.H.’s: (a) early guilty plea; (b) cooperation with the police; (c) genuine remorse by taking responsibility for his behaviour; (d) low to moderate risk of reoffending; and (e) insight in that he “expressed some understanding that there is a direct link between his viewing of child pornographic images and the harm done to children who are exploited in the most horrific way in order to create this online content.” Judge Jetté found as a collateral consequence of little weight, B.H.’s inability to assist his father who had recently suffered a stroke." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: 32-year-old offender — drug addict — depraved imagery — luring — soliciting child — remorse — low to moderate risk
R v Adams, 2022 BCSC 2289 (CanLII), per MacDonald J BC SC 16 months imprisonment plus probation 357 images and 5 videos "Justice MacDonald imposed a 16-month jail sentence (less time served) followed by two years’ probation on a 31-year-old first-time offender who had pled guilty to possessing child pornography. Mr. Adams had: (a) no criminal record; (b) a relatively stable upbringing; (c) complied with his bail conditions; (d) cooperated with the report writers; (e) a spotty and unproductive work history; (f) a lifestyle in which he “tends to be up all night and sleeps all day . . . lives with his mother in Vanderhoof and his mother financially supports him.” But for his heart condition, Justice MacDonald would have imposed a sentence of 18 months’ jail (at para. 57-58)." (Quoting from R v Smith, 2023 BCPC 188 (CanLII)) others here,
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Keywords: 31-years-old offender — no record — limited work history — no record — heart condition
R v Bellas-Menzie, 2022 ONCJ 444 (CanLII), per West J ON PC 6 months 248 images and 32 videos "Justice West concluded that a conditional sentence would not be a proportionate sentence for an offender who pleaded guilty to possession of child pornography. The offender was found to possess 248 unique accessible images and 32 unique accessible child pornography videos. The offender was 33 years old. He had an extensive but unrelated criminal record. He had a “tragic” childhood. At para. 45, Justice West stated that “a conditional sentence, where no exceptional circumstances arise would not be in accordance with the fundamental purpose and principles of sentencing…”. Justice West imposed a six-month custodial sentence to be followed by two years of probation." (Quoting from R v Treloar, 2023 ONCJ 100 (CanLII))
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Keywords: guilty plea — CSO rejected — 33-year-old offender — extensive unrelated record — tragic childhood
R v Brown, 2022 ONCA 516 (CanLII), per J ON CA 3 years imprisonment 500 files "The offender appealed a three-year sentence for possession and making child pornography available. The Appeal Court upheld the sentence. Approximately 500 files (a “large” quantity) were downloaded from the accused’s torrent site by the police over the course of a month. Many files were categorized as “severe” which was an aggravating factor. The Appeal Court upheld the sentence despite ruling that the offender’s personal collection, which had been considered by the trial judge, was inadmissible." (Quoting from R v Borchert, 2023 ABKB 647 (CanLII))
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Keywords: making available — torrent — month-long offence — severe range of depravity
R v Prendivoj, 2022 ONCJ 257 (CanLII), per McLeod J ON PC 6 months CSO 20 videos and 4 images "Justice K. Mcleod sentenced a 45 year old paranoid schizophrenic found in possession of 20 videos and four images to a six month conditional sentence. Justice McLeod found that the accused had resorted to child pornography during a relapse in taking his medication for his schizophrenia. His schizophrenia was described as being of “moderate severity and not fully controlled”[23] She found that there was a causal link between his mental illness and the commission of the offence which worked to mitigate his sentence." (Quoting from R v AM, 2023 ONCJ 181 (CanLII))
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Keywords: 45-year-old offender — moderate schizophrenia
R v Olivetti, 2022 ONCA 142 (CanLII), per curiam ON CA 4 years imprisonment (poss'n)
11,000 images
88 videos

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Keywords: joint recommendation — 77-year-old offender — prior related record
R v Elkaderi, 2022 ONCJ 114 (CanLII), per Silverstein J ON PC 20 months imprisonment plus 2 years probation 486 images and 50 videos "a 24 year old first offender pled guilty to possession of child pornography as well as the distribution of child pornography. He was in possession of 486 unique images and 50 videos. He had been involved over a three-year period in viewing child pornography and frequently exchanging child pornography with others. He was sentenced to 20 months imprisonment and two years probation." (Quoting from R v Tcheong, 2023 ONCJ 205 (CanLII))
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Keywords: guilty plea — trading — 24-year-old offender — 3-year offence
R v Kaardal, 2022 ONCJ 441 (CanLII), per McLeod J ON PC 400 days imprisonment plus 24 months probation 276 images "the court considered a case involving 276 images of child pornography. The defendant was 70 years old and had been married for 50 years and had no criminal record. It would appear that the defendant pled guilty in this case. The court imposed a sentence of 400 days and 24 months probation." (Quoting from R v Tcheong, 2023 ONCJ 205 (CanLII))
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Keywords: guilty plea — distribution — 70-year-old offender — no record — remorse — positive assessment
R v Graham, 2022 ONCJ 275 (CanLII), per Konyer J ON PC 10 months imprisonment 450 images and 17 video (10 minutes 27 seconds) "the defendant was convicted of possession of child pornography after a plea. The defendant had major depressive disorder, anxiety disorder, panic disorder and post traumatic stress disorder. The court found these factors reduced his personal responsibility. However, the court referred to MM and rejected the request for a conditional sentence. The court expressed the view that a conditional sentence would not adequately address the harm of the defendant’s conduct. A 10 month jail sentence was imposed." (Quoting from R v Tcheong, 2023 ONCJ 205 (CanLII))
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Keywords: found guilty — anxiety, depression and PTSD — CSO rejected
R v Cusick, 2022 ONCJ 590 (CanLII), per O’Marra J ON PC 6 months CSO "Justice P. O’Marra sentenced a 59 year old offender who suffered from grief, depression, suicidal ideation, and serious health issues including Type 2 Diabetes and Hypertension to a six month conditional sentence in R. v. Cusick. As a result of the commission of the offence, the accused lost his job with the Commissionaires. There was a ten month delay in sentencing. The accused entered an early guilty plea. There were also Charter breaches which Justice O’Marra indicated assisted him “in deciding to impose a conditional sentence”[25]. Although Justice O’Marra had the benefit of MM, he determined that a six month conditional sentence was warranted “[i]n the unique circumstances of this case”." (Quoting from R v AM, 2023 ONCJ 181 (CanLII))
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Keywords: guilty plea — 59-year-old offender — depression with suicidal ideations — diabetes and hypertension — CSO accepted
R v Millie, 2022 SKQB 139 (CanLII), per Dawson J SK SC 48 months imprisonment (poss'n)
24 months imprisonment (access)

24 months imprisonment (distr)
13,286 images and 131 videos
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Keywords: prior related record
R v McCrimmon, 2022 YKCA 1 (CanLII) YK CA 20 months imprisonment 33,605 images and 4,696 videos "[T]he 64-year-old first-time offender was found to have in his possession child pornography comprising 33,605 unique images and 4,696 unique videos of children ranging from approximately six months old to 17 years of age. The content of the images traverses all five levels of the Oliver scale for depravity, including bondage, bestiality, and sexual activity with children who were clearly as young as two to three years of age. In that case, the Crown presented to the court a number of victim impact statements from the children, now adults, depicted in the collection. Despite a difficult and troubled childhood, Mr. McCrimmon had a long and consistent work history. He had support in the community from people he had known for many years; his remorse was clear and Mr. McCrimmon took active steps to deal with his offending behaviour with positive results. He was compliant with his bail conditions for two years. " (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: 64-year-old offender — victims aged 6 months to 17 years — community support
2021
R v Rule, 2021 ONCJ 264 (CanLII), per Baxter J ON PC 22 months imprisonment plus 3 years probation 104,000 images and 204 videos "the Court of Appeal upheld a sentence of 22 months with three years probation. In that case, the defendant pled guilty to accessing and three counts of possession of child pornography. The defendant was 60 years old with no record. The child pornography collection had some 22,000 images and 204 videos. There were another 92,000 images which the police did not categorize because of limited resources. The trial judge imposed a sentence of 22 months with three years probation. The defendant had cancer and COPD and had to use an ostomy bag due to cancer surgery (see R. v. Rule 2021 ONCA 499 granting leave to appeal the sentence). Some health issues had resolved by the time of the appeal although it is not clear which ones. The Court of Appeal specifically upheld the rejection of a conditional sentence in that case." (Quoting from R v Tcheong, 2023 ONCJ 205 (CanLII))
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Keywords: 60-year-old offender — cancer — health issues
R v Cvitko, 2021 ABPC 52 (CanLII), per Saccomani J AB PC 6 months imprisonment, 2 years probation 6 months imprisonment (access)
"Mr. Cvitko pleaded guilty to accessing child pornography and did not have a notable number of images in his possession. At the time of sentencing, he was 48 years old, had no criminal record, an impressive work history and strong family support. He expressed remorse, understood the gravity of the offence and actively participated in counseling. The content of the images he accessed was found to be on the lower end of seriousness. A CSO was found to be inappropriate, and he was sentenced to six months’ incarceration followed by two years’ probation." (Quoting from R v Rathwell, 2021 ABPC 254 (CanLII))
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Keywords: guilty plea — 48-year-old offender — no reocrd — positive work history — remorse — insight — rehabilitation — CSO rejected
R v Gerbrandt, 2021 ABCA 346 (CanLII), per curiam AB CA two years less a day 4,075 images and 618 videos "The Crown appealed a suspended sentence and three-year probation sentence after the sentencing court determined that the minimum sentence was cruel and unusual. The Court found reversible errors in the Charter analysis and imposed imprisonment for two years less one day, followed by 24 months’ probation, accepting the Crown’s submission. The Court of Appeal stated that this sentence should not be viewed as a “cap, floor, or starting point.” Without the Crown’s submission of 2 years less a day, “members of [the] panel might have imposed a higher sentence” (at para 98). The offender was guilty of both making available and possession of child pornography. The degree to which the offender was making the material available (through peer-to-peer sharing) was a significant consideration, with a great deal of reference to Friesen SCC for increasing the sentence. The Court did not consider application of CSOs." (Quoting from R v Borchert, 2023 ABKB 647 (CanLII))
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Keywords: None
R v BJL, 2021 ABPC 62 (CanLII), per Stirling J AB PC 9 months imprisonment
2 years probation
435 images and no videos "BJL pleaded guilty to one count of possession under section 163.1(4). The police searched his devices after he had uploaded one image to Google Photos where they found 435 “category one” images depicting mostly girls between the ages of eight and 16 years. There were some images depicting sexual contact between underaged girls and two photos of fellatio on older men. He was 46 years old, unmarried and had no criminal record. He admitted to viewing child pornography since 2011 and had collected it over that time despite previous warnings from police. He had a learning disability, was a low risk to reoffend, was helpful to police but struggled with consequences, impulse control and problem solving. A sentence of nine months incarceration followed by two years’ probation was imposed." (Quoting from R v Rathwell, 2021 ABPC 254 (CanLII))
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Keywords: None
R v O'Donovan, 2021 ABPC 216 (CanLII), per Stevenson J AB PC 2 years imprisonment plus 2 years probation 145,174 images and 9 videos "This case involved the seizure of 282,406 unique images of child pornography, compiled over 16 years. While it is one of the largest seizures in Alberta history, the images did not include violence or sexual activity. Mr. O’Donovan invited a conviction after Charter arguments were unsuccessful. His age was not mentioned but youthfulness was not a factor. He was a low risk, had no criminal record, had a stable career, and was diagnosed with Paraphilic Disorder. He attempted suicide which required hospitalization following the loss of his employment and breakdown of family relationships. A sentence of two years’ imprisonment and two years, six months’ probation was imposed." (Quoting from R v Rathwell, 2021 ABPC 254 (CanLII))
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Keywords: None
R v Giles, 2021 ABPC 189 (CanLII), per Pharo J AB PC 12 months imprisonment plus 24 months probation 687 unique images and no videos "Mr. Giles was 42 and married with no criminal record. He was convicted of possession under section 163.1(4) and had 687 unique images of child pornography primarily depicting girls between 2 and 14. They were portrayed performing sex acts on adults as well as adults performing sex acts on them. He confessed to police, expressed remorse, and appreciated the gravity of the offence. There was no PSR or FAOS report. It was held that the gravity of the offence and the moral culpability were high, and he was sentenced to 12 months jail followed by 24 months of probation." (Quoting from R v Rathwell, 2021 ABPC 254 (CanLII))
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Keywords: None
R v Singh, 2021 ABPC 103 (CanLII), per Stirling J AB PC 6 months less a day 19 videos and unknown images "Mr. Singh was 37 years old with no criminal record. He was a foreign national and was in the process of obtaining permanent resident status for himself and his family. He pleaded guilty to possession of child pornography which included 19 Category 1 videos showing children ranging from infants to 16 years old. He was also in six chat groups that shared child pornography. He had a strong reputation among friends and family and was a low risk to reoffend. There was some evidence that his conception of the crime was affected by cultural attitudes towards the material from his upbringing in India, but that he generally did not show insight into his crime. The Defence’s argument for a conditional or suspended sentence was unsuccessful and he was given a sentence of six months less one day followed by three years’ probation to preserve his right to appeal a Removal Order." (Quoting from R v Rathwell, 2021 ABPC 254 (CanLII))
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Keywords: immigration
R v Friesen, 2021 ABPC 223 (CanLII), per Sterling J AB PC 2 years less a day CSO plus 24 months probation "Mr. Friesen pleaded guilty to one count under section 163.1(4). He had 100 unique images of child pornography depicting girls between six and 16 years of age showing nudity, fellatio, and intercourse. He had also previously uploaded images and videos of child pornography to various chat services. Some of these depicted sex and fellatio between underaged boys and underaged girls. At the time of arrest, he was 21 years of age with no criminal record. He had previously suffered from substance abuse, his mother died from opioid addiction, and he was diagnosed with persistent Depressive Disorder. He understood the gravity of his offence, attended extensive therapy sessions at the Rocky Mountain Program and was a low risk to reoffend. The publicity around his arrest was found to be a mitigating factor. He was sentenced to a CSO of 24 months followed by two years’ probation." (Quoting from R v Rathwell, 2021 ABPC 254 (CanLII))
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Keywords: None
R v Mitchell, 2021 BCPC 246 (CanLII), per Sacca J BC PC 18 months CSO plus 12 months probation 500 images "Judge Sacca considered as aggravating the size of Mr. Mitchell’s collection (over 500 images), the nature of the collection (animated), and the fact Mr. Mitchell shared a sexualized cartoon image and had inappropriate conversations with a youth who knew him while Mr. Mitchell occupied a position of authority and trust. Judge Sacca found mitigating Mr. Mitchell: (a) entered an early guilty plea; (b) had no criminal record; (c) was otherwise of good character; (d) showed remorse through his commitment to counselling and rehabilitation; (e) demonstrated insight into his role in perpetrating child abuse by consuming and sharing child pornography; (f) was a low risk to reoffend; (g) had ongoing support from his friends and family; (h) suffered lasting trauma that he experienced as a vulnerable adolescent by the sexual exploitation he suffered and the exposure to child pornography by his abuser. Judge Sacca found the totality of the mitigating factors was sufficient to render the case “exceptional” and imposed an 18-month CSO followed by 12 months’ probation." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: early guilty plea — anime — cartoons — luring — position of trust and authority — remorse — exceptional
R v RJH, 2021 BCCA 54 (CanLII), per Doulis J BC CA 15 months imprisonment 2,700 images and 125 videos "the offender pleaded guilty to possession and distribution of child pornography. He received an aggregate sentence of 30 months. His very large collection of child pornography was described as an appalling collection of depictions of sexual abuse. He had drug and alcohol abuse disorder. The appeal was not against the custodial sentence, but rather the s. 161 order." (Quoting from R v Taber, 2022 BCSC 652 (CanLII))
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Keywords: 25-years-old offender
R v Vandermeer, 2021 BCPC 94 (CanLII), per Hewson J BC PC 10 months CSO (poss'n) 91 images "Mr. Vandermeer was a 78-year-old first-time offender and retired school principal. At the time of sentencing, Mr. Vandermeer had suffered a congeries of medical issues since he was charged. Judge Hewson found there was a clear risk that incarceration would have serious effects on Mr. Vandermeer’s physical health. The sentencing judge noted that if Mr. Vandermeer’s physical health deteriorated, so would the chances of his rehabilitation. Judge Hewson also found mitigating, Mr. Vandermeer: (a) pled guilty; (b) lacked a criminal record; (c) was otherwise of good character; (d) expressed sincere remorse; (e) showed a glimmer of insight into the harm child pornography caused to its victims; (f) took significant steps towards rehabilitation; (g) presented a low risk to reoffend; (h) suffered a demonstrable risk of very serious adverse physical or mental health impacts arising from incarceration. Mr. Vandermeer’s collection, which was obtained from non-commercial sources, fell at the low end of the range of child pornography, in terms of both the volume of material and the nature of the activity depicted. Judge Hewson sentenced Mr. Vandermeer to a 10-month CSO followed by 24 months’ probation." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: guilty plea — 78-year-old offender — retired school teacher — health issues — remorse — some insight — low risk — low range of depravity
R v Capewell, 2021 BCSC 904 (CanLII), per Gerow J BC SC 8 months imprisonment plus 18 months probation 2,500 images and hundreds of videos "the 71-year-old first-time offender pled guilty to possessing a fairly large collection of child pornography. Mr. Capewell’s mitigating factors included his: (a) guilty plea; (b) lack of a criminal record; (c) strong work history; (d) insight, insofar as he recognized the children who are depicted in the images are victims; (e) willingness to continue to seek counselling; and (f) risk to reoffend was low. Mr. Capewell was also the primary caregiver for his disabled wife. There was no evidence Mr. Capewell suffered from any cognitive deficit or mental disorder. His symptoms of anxiety and depression did not appear to meet the diagnostic threshold for any mood, anxiety, or paraphilic disorder. Justice Gerow declined the defence’s request for a CSO and imposed an eight-month jail sentence followed by 18 months’ probation." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: guilty plea — no record — 71-year-old offender — work history — some insight — low risk — limited anxiety and depression — CSO rejected
R v Massini, 2021 BCPC 302 (CanLII), per Doulis J BC PC 10 months imprisonment plus 2 years probation 245 images and no videos "the offender pled guilty to the charge of possessing child pornography. I acceded to a joint submission from the defence and counsel for a 10-month jail sentence followed by two-years’ probation. In that case, I found aggravating the fact Mr. Massini’s collection included images that were edited (photo-shopped) in a disturbing manner and the fact that the images included very young children. I accepted Mr. Massini: (a) had no criminal record; (b) was a low risk to reoffend; (c) was remorseful; (d) showed insight; (e) attended Sexaholics Anonymous for more than two years prior to his sentencing; (f) had the support of the community; (g) had otherwise lived his entire life in a prosocial manner and has been a productive member of society." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: guilty plea — joint submission — no record — low risk — remorse — some insight — counselling — community support
R v Goodell, 2021 BCSC 735 (CanLII), per Warren J BC SC CSO 19 images "Justice Warren sentenced a 73-year-old first-time offender after being found guilty after a trial for possessing child pornography. Mr. Goodell: (a) had no criminal record; (b) suffered an unhappy childhood; (c) was diagnosed with ADHD; (d) completed high school and some university; (e) had a good work history; (f) possessed a small collection of child pornography, comprising 19 images which fell into the lowest level on the Oliver scale; (g) was assessed as a low to moderate risk of accessing child pornography; (h) showed little remorse; (i) demonstrated some insight into the traumatic impact of child pornography on its victims (the children); and (j) expressed a willingness to engage in treatment. Moreover, there was no evidence Mr. Goodell purchased the child pornography or was involved in its production or distribution. Justice Warren was satisfied by cogent medical evidence that Mr. Goodell’s serious depression was causally related to his offending. She also accepted that as a result of his severe obesity and limited mobility, Mr. Goodell had a significantly heightened risk of a serious illness from COVID-19, and that a jail sentence would be significantly harsher on him than if he were healthy. Justice Warren concluded, “with some reluctance . . . this is an exceptional case such that a CSO, with restrictive and punitive terms, is an appropriate sentence for Mr. Goodell”." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: found guilty — 73-year-old offender — no record — bad childhood — ADHD — long work history and educated — low range depravity — low to moderate risk — little remorse — serious depression — poor health
R v Martin, 2021 BCPC 195 (CanLII), per Harris J BC PC 10 months imprisonment plus 12 months probation 372 images and 59 videos "a 45-year old first-time offender pled guilty to possession of child pornography over a 30-day period. Mr. Martin had a strong work history and a commendable record for volunteering in his community. Judge Harris found aggravating: (a) the volume of pornography possessed; (b) the nature of the material; (c) Mr. Martin sharing the material; (d) Mr. Martin breached his employer’s trust by using the fire department’s Wi-Fi addresses as a tool in his offending; and (e) the images involved the abuse of persons under the age of 18 years, some as young as 6 – 8 years old. Judge Harris found mitigating Mr. Martin’s: (a) guilty plea; (b) genuine remorse; (c) support in the community; (d) lack of criminal record; (e) rehabilitative steps taken; and (f) low to moderate risk of reoffending. Judge Harris imposed a custodial sentence of 10 months followed by 12 months’ probation." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: guilty plea — remorse — 45-year-old offender — 30-day offence — sharing — used work computer — victims betwee 6 to 8 years-old — support — no record — low to moderate risk
R v Cole, 2021 BCSC 293 (CanLII), per Williams J BC SC 6 months CSO (poss'n) 19 images "the Crown had proceeded summarily against a 31-year-old mentally disabled first-time offender who entered an early guilty plea to a single charge of possession of child pornography. His collection was relatively small (19 unique images). Mr. Cole was born with cerebral palsy and experienced frontal lobe seizures. His intellectual functioning was at the level of a 10 to 14 year old. He did not have the skills or the cognitive ability to reside on his own in the community because of his intellectual impairments. He was in the care of Community Living BC and at the time of the offence was residing in the care of a family in the community. The Provincial Court Judge imposed a six-month CSO, followed by a two-year probation order, which Mr. Cole appealed. Justice J.W. Williams engaged in a lengthy discussion of Friesen and R. v. Williams, 2020 BCCA 286. Ultimately, Justice Williams dismissed Mr. Cole’s appeal from sentence and declared the minimum sentence of six months’ imprisonment under s. 163.1(4) (b) of the Code is of no force and effect. " (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: early guilty plea — 31-year-old offender — no record — remorse — cerebral palsy — low functioning
R v Hagen, 2021 BCCA 208 (CanLII), per DeWitt-Van Oosten JA BC CA 10 months imprisonment, 3 years probation (poss'n) hundreds of images and videos Materials depicted sexual activity with children.
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Keywords: None
R v Partanen, 2021 BCPC 245 (CanLII), per Duncan J BC PC 9 months imprisonment plus 3 years probation 3,817 images and 453 videos "the offender’s child pornography collection comprised 3,817 unique images and 453 unique videos, which included “grotesque assaults of the most heinous and depraved sort perpetrated against the most vulnerable, defenceless and innocent victims one can imagine exist.” Mr. Partanen had a very troubled and often traumatic upbringing. He suffered shocking neglect at the hands of his drug-addicted mother, physical and psychological abuse from his father, and sexual abuse when he was about five or six years old from an older cousin. He had no criminal record and pled guilty very early on in the proceedings. The sentencing judge found the child pornography had a lifelong crippling impact on the victims. Judge E. Duncan sentenced Mr. Partanen to nine months’ jail followed by three years’ probation, with the usual ancillary orders." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: early guilty plea — traumatic and abusive childhood — sexual abuse as child — no record
R v Snead, 2021 ONSC 7017 (CanLII), per O'Marra J ON SC 12 months imprisonment 5 videos (streamed) "the defendant pled guilty to one count of child pornography. He entered a zoom room on the Internet where child pornography was being streamed. He joined more than 50 other men who were already watching. Many of the men were masturbating as they watched the child pornography. Five videos and still images were streamed into the room. The trial judge in the case imposed an eight month conditional sentence with 12 months probation. On appeal, Justice B.P. O’Marra of the Superior Court imposed a 12 month jail sentence but gave credit for the eight months conditional sentence served. The defendant was required to serve the remaining four months in an institutional jail." (Quoting from R v Tcheong, 2023 ONCJ 205 (CanLII))
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Keywords: guilty plea — zoom chat — streaming
R v Claveria, 2021 ONCJ 348 (CanLII), per Chamberlaine J ON PC 7.5 years global 2,987 images and 1,379 videos
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Keywords: None
R v Butera, 2021 ONCJ 155 (CanLII), per March J ON PC 45 months 934 images and unknown videos
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Keywords: None
R v Doucette, 2021 ONSC 371 (CanLII), per Schreck J ON SC 6 months CSO (access x 2) 9 images and 4 videos "the appellate court varied the original 12-month jail sentence to a four-month conditional sentence order in circumstances where the 53-year-old first-time offender with health problems had been found in possession of what K.M.’s counsel describes as “hard core child pornography” involving children as young as six years old, having been viewed in a Zoom chat room." (Quoting from R v KM, 2022 BCSC 360 (CanLII))
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Keywords: 53-year-old offender — no record — health issues — zoom chatroom
R v Storey, 2021 ONSC 1760 (CanLII), per Smith J ON SC 5 years imprisonment (global)
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Keywords: None
R v Jenkins, 2021 ONSC 2963 (CanLII), per Kelly J ON SC 18 months imprisonment 30,000 images and 1,100 videos "Mr. Jenkins was 72-years old. He had advanced bladder cancer, had an abdominal aortic aneurism, and cardiac arrythmia. The Crown sought a sentence of 18 months in prison, which Kelly J. accepted and imposed." (Quoting from R v Reid, 2022 ONSC 2987 (CanLII))
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Keywords: 72-year-old offender — heart issues
R v Hawes, 2021 ONCJ 40 (CanLII), per J ON PC 8 months CSO 92 images
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Keywords: None
R v Jongsma, 2021 ONSC 796 (CanLII), per Ducharme J ON SC 12 months CSO 24 videos "Justice Ducharme sentenced a 39 year old offender to a one year conditional sentence and three years probation for possession of 24 videos. The accused suffered from sexual abuse as a child which caused “far reaching and ongoing harm” to the accused including drug abuse, sexual promiscuity and significant mental health issues. Citing Friesen, Justice Ducharme indicated that despite the fact that “…more recently, the courts have expressed a greater reluctance to impose conditional sentences in child pornography cases… in rare cases this has been done… [where] the person being sentenced is suffering from a mental illness or intellectual deficit" (Quoting from R v AM, 2023 ONCJ 181 (CanLII))
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Keywords: 39-year-old offender — sexual abuse as child — drug abuse — mental health
R v Bekmambetov, 2021 ONSC 6219 (CanLII) ON SC 2 years imprisonment 9,500 images and 283 videos "the 54 year old defendant pled guilty to possession of child pornography. He had 9500 images and 283 videos gathered over a five-year period of time. He had no criminal record. He was sentenced to two years imprisonment." (Quoting from R v Tcheong, 2023 ONCJ 205 (CanLII))
Keywords: guilty plea — 54-year-old offender — 5-year offence
R v Walker, 2021 ONSC 837 (CanLII), per Fowler Byrne J ON SC 2 years imprisonment (poss'n)
3 years imprisonment (distr)
43 videos and 17 images
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Keywords: None
R v Dutchession, 2021 ONCJ 480 (CanLII), per McLeod J ON PC 2 years less a day plus 24 months probation 7,537 images "was 51 years of age. He had been in the military since he was sixteen years old. He served in combat zones in Bosnia twice and Afghanistan once. He was also terminated from the military as a result of being convicted. He suffered from major depression and post-traumatic stress as a result of his service. He became addicted to alcohol. In making findings largely identical to her decision in Ereault, Justice McLeod sentenced the accused to two years less a day and 24 months probation" (Quoting from R v AM, 2023 ONCJ 181 (CanLII))
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Keywords: 51-year-old offender — military career — PTSD and depression — alcoholic
R v Jenkins, 2021 PESC 6 (CanLII), per Cann J PEI SC 18 months CSO "the 60-year-old first-time offender received an 18-month conditional sentence order for possessing approximately 500 child pornography images and videos. Calling it a “unique” case, the court took into account that the offender’s underlying health condition would have made actual incarceration a sentence with an increased level of suffering." (Quoting from R v KM, 2022 BCSC 360)
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Keywords: None
R v Leroux, 2021 QCCQ 202 (CanLII), per Cote J QC PC 6 months imprisonment, 2 years probation
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Keywords: None
R v Barbeau, 2021 QCCQ 6756 (CanLII), per Labelle J QC PC 18 months imprisonment 5,000 images and videos
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Keywords: None
R v HV, 2021 QCCS 837 (CanLII), per L'Apercu J QC SC
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Keywords: None
R v Welsh, 2021 YKTC 44 (CanLII), per Chisholm J YK SC 8 months imprisonment plus probation 423 images and 106 videos "the 25-year-old Indigenous offender pleaded guilty to possession of child pornography. Crown proceed summarily. Mr. Welsh, (a) had no criminal record; (b) cooperated with the police; (c) pleaded guilty; (d) had a supportive family and spouse; (e) was otherwise of good character; (f) had been a productive member of society; (g) was genuinely remorseful; (h) engaged in counselling; and (i) was himself a victim of sexual abuse as a child. T.C.J. Chisholm stated (at para. 37) that even though Mr. Welsh grew up in a stable family environment, the court could not discount the fact that the residential school system had an impact on his upbringing to some degree, since it deprived him of a connection to his First Nation heritage. T.C.J. Chisholm found Mr. Welsh’s moral blameworthiness was somewhat attenuated because of his personal circumstances, but nonetheless remained high. Mr. Welsh’s offending behaviour was not an isolated incident, but encompasses a period of approximately 14 months during which he accumulated a significant collection of child pornography. ... T.C.J. Chisholm could not find a CSO would satisfy the principle of proportionality in light of the predominate weight which must be given to denunciation and deterrence. A conditional sentence would not satisfy the principle of proportionality. T.C.J. Chisholm imposed a sentence of eight months’ jail followed by two years’ probation." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: guilty plea — no record — family support — remorse — sexual abuse as child — 14-months offending — CSO rejected
2020
R v DCH, 2020 ABQB 510 (CanLII), per Labrenz J AB SC 1 year imprisonment 1,356 images and videos
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Keywords: None
R v Neasloss, 2020 BCPC 161 (CanLII), per Doulis J BC PC 8 month CSO
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Keywords: None
R v CRA, 2020 BCPC 171 (CanLII), per Blake J BC PC 1 year imprisonment
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Keywords: None
R v Bisson, 2020 BCSC 1778 (CanLII), per Weatherill J BC SC 18 months CSO 7,000 images and almost 200 videos "Justice Weatherill imposed an 18-month CSO followed by three years of probation on a first-time 55‑year‑old offender who pled guilty to one count of being in possession of child pornography. Justice Weatherill found the following circumstances aggravating: (a) the offender’s collection comprised over 7,000 images and almost 200 videos; (b) the nature of the collection was “in a word sickening”; (c) the offending behaviour occurred for 10 years before Mr. Bisson’s arrest; (d) Mr. Bisson engaged in sharing child pornography and chatting with other users online. Justice Weatherill found mitigating the fact Mr. Bisson: (a) had no criminal record; (b) save for his offending behaviour, Mr. Bisson had lived a law‑abiding and productive life; (c) entered an early guilty plea during the COVID-19 epidemic; (d) accepted responsibility for his offence from the moment of his arrest; (e) was extremely remorseful for his criminal behaviour; (f) showed insight and recognized he needed treatment and counselling; (g) was highly motivated to accept treatment and counselling to address his criminal behaviour. He agreed he needed help and wanted to know what led him down the path towards his offending behaviour; (h) was assessed as a low risk of recidivism; (i) Mr. Bisson had complied with strict bail conditions for over a year; and (j) had been formally diagnosed with generalized anxiety disorder and major depressive disorder, and admits to suffering from an addiction to child pornography. Justice Weatherill accepted these mental-health issues were not only causally connected to the offence, but also played a central role in the commission of the offence. " (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: guilty plea — sickening collection — 10-year offence — sharing — chatting — remorse — insight — motivated for treat
R v Sheffield, 2020 BCSC 1807 (CanLII), per Gropper J BC SC 8 months imprisonment and 18 months probation 1,600 to 2,600 images "the 74-year-old first-time offender pled guilty to possession of child pornography. His collection was fairly large (1,600 to 2,600 images) depicting boys and girls from toddlers to teenagers engaged in various sexual acts that fell into the upper levels of the Oliver scale of depravity. The police could not undertake a further search of Mr. Sheffield’s home due to health hazards. Mr. Sheffield was determined to be a low to moderate risk of reoffending. He was willing to undertake therapy if ordered to do so. Justice Gropper found that although a conditional sentence could satisfy specific deterrence, it did nothing to address the principles of general deterrence and denunciation. Justice Gropper determined a 10-month jail sentence followed by a two‑year period of probation to be the appropriate sentence in this case." (Quoting from R v Smith, 2023 BCPC 188 (CanLII))
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Keywords: 74-year-old offender — upper range of depravity — low to moderate risk — low to moderate risk — CSO rejected — general deterrence
R v Neufeld, 2020 ABPC 180 (CanLII), per Yake J AB PC 12 months imprisonment (poss'n)
2 years less a day (distr)
4,393 images including 19 videos "the accused was in possession of 4,393 images including 19 videos. He had distributed pornography online. He was sentenced to two years less a day for distributing child pornography and one year, concurrent, for possession" (Quoting from R v BJL, 2021 ABPC 62)
"Mr. Neufeld pleaded guilty to distributing and possessing child pornography under sections 163.1(3) and 163.1(4). He was found with close to 5,000 images of child pornography on various devices and cloud servers. The images were found to be very disturbing, including children being blindfolded and bound while being abused. He was 20 years old with a limited sexual history and no substantial physical or mental difficulties. He was assessed as a moderate risk for online sexual offending and low risk for physical sexual offending (risks which could be improved with treatment). There was an early guilty plea, he expressed remorse, and took responsibility for his actions. He was sentenced to a global sentence of two years less a day with three years of probation which included 12 months for the section 163.1(4) offences." (Quoting from R v Rathwell, 2021 ABPC 254 (CanLII))
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Keywords: distribution
R v Kreibom, 2020 BCPC 155 (CanLII), per Whonnock J BC PC 10 months imprisonment plus 18 months probation
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Keywords: None
R v Petne, 2020 BCPC 200 (CanLII), per Gouge J BC PC 1 year
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Keywords: accessing
R v Krock, 2020 BCSC 1858 (CanLII), per Beames J BC SC 9 months imprisonment, 36 months probation thousands of images "the court imposed a nine-month jail sentence followed by three years probation in respect of a remorseful, low-risk to re-offend, offender who was found in possession of many thousands of images of child pornography depicting children between the ages of one and 17 years old engaged in sexual acts. In this case, the Crown took the position that a 12-month jail sentence was appropriate while the defence sought a conditional sentence order." (Quoting from R v KM, 2022 BCSC 360)
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Keywords: remorse — low risk — victims between 1 and 17 years of age — CSO rejected
R v Humphreys, 2020 BCPC 136 (CanLII), per McKimm J BC PC 18 months CSO (poss'n)
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Keywords: None
R v Nepon, 2020 MBPC 48 (CanLII), per Devine J MB PC 12 months CSO "the defendant was found guilty of possession of child pornography. He had been diagnosed with autism spectrum disorder and major depressive disorder. He was legally blind with only 10% vision in one eye. He utilized the camera function on his phone to zoom in on things such as street signs. He had a bail condition not to use his phone which was critical to his life as a blind person. The child pornography at issue in this case did not involve images of sexual activity between children or with adults. They all involved erotic posing with no sexual activities which is categorized as “level I” on the child pornography scale. A conditional sentence was ordered in the Nepon case. " (Quoting from R v Tcheong, 2023 ONCJ 205 (CanLII))
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Keywords: found guilty — autism — blind — low range of depravity — posing imagery
R v Pahle, 2020 ONCA 725 (CanLII), per curiam ON CA 15 months imprisonment Almost 10,000 images and videos "the Court of Appeal upheld the sentence of 15 months in jail imposed by a trial judge after trial. There were close to 10,000 images and videos of child pornography. The defendant was 35 years old, had no criminal record and had a diagnosis of multiple sclerosis. He sought a conditional sentence. The conditional sentence was rejected by the trial judge and the Court of Appeal." (Quoting from R v Tcheong, 2023 ONCJ 205 (CanLII))
Keywords: 35-year-old offender — no record — multiple sclerosis — CSO rejected
R v Abel, 2020 QCCS 2849 (CanLII), per Thibeault J QC PC 2.5 years imprisonment
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Keywords: None
R v Brown, 2020 SKPC 32 (CanLII), per Crugnale-Reid J SK PC
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Keywords: None

2015 to April 2020 (R v Friesen)

Case Name Prv Crt Sentence Amount Summary
2020
R v King, 2020 ABPC 219 (CanLII), per Fradsham J AB PC 18 months imprisonment "the accused was convicted after trial of possession of child pornography. The accused had 1,112 unique images and 79 videos. The images were generally of pre-teen and young teen girls. Some of the images were of children engaged in sexual acts. The accused was 40 years old and did not have a criminal record and had a son who was six years old. He was found to pose a low to moderate risk for future online offending. His prognosis, with treatment, was “favourable”. Defence proposed a conditional sentence order of two years less a day. The Court imposed a sentence of incarceration of 18 months." (Quoting from R v BJL, 2021 ABPC 62 (CanLII))
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Keywords: None
R v CH, 2020 BCSC 323 (CanLII), per Forth J BC SC
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Keywords: None
R v Redekopp, 2020 BCPC 29 (CanLII), per Morgan J BC PC 6 months imprisonment (poss'n) "Mr. Redekopp pled guilty to one count of possessing child pornography contrary to s. 163.1(4) of the Code. He was found in possession of 791 images and 19 videos of child pornography focused on male children between the ages of 10 to 14 years engaged in sexual acts with adults. The Crown proceeded summarily. At sentencing Mr. Redekopp was 46 years old with a somewhat dated but unrelated criminal record. He had a difficult childhood and had been sexually abused when he was approximately six years old. Mr. Redekopp suffered from both physical and psychological disorders. His wife, 15 years’ his senior, had terminal lung cancer. At the time of sentencing Mr. Redekopp had rehabilitated himself from a drug addiction. He was assessed as a low to moderate risk to reoffend. Judge Morgan did not consider Mr. Redekopp’s case exceptional such that it would justify having a reduced focus on denunciation and deterrence and ordered six months’ incarceration followed by 24 months’ probation." (Quoting from R v Neasloss, 2020 BCPC 161)
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Keywords: None
R v Senneville, 2020 QCCQ 1204 (CanLII), per Tremblay J QC PC 90 days imprisonment 317 images "This offender was a 28-year-old with no criminal record had 317 images and search history that lasted over 13 months. He received 90 days intermittent for possession and 90 days intermittent for accessing, as well as two years probation." (Quoting from R v Borchert, 2023 ABKB 647 (CanLII))
Keywords: None
2019
R v Duboc, 2019 QCCQ 7950 (CanLII), per J. Roy J QC PC 6 months imprisonment 14 videos Found s. 12 of Charter was violated.
Keywords: None
R v Woolf, 2019 ONCJ 376 (CanLII), per Pringle J ON PC 90 days "the offender pled guilty to possessing child pornography. The material consisted of 65 images. Most of the images were of partially undressed or completely naked girls. One of the images was of a prepubescent girl engaged in a sexual act with an adult man. The offender was 66 years of age, had no prior criminal record, and was previously of good character. He was a college instructor at the time of his arrest, but after being charged, he was suspended from work and took early retirement. The charge led to the end of his marriage. The offender was assessed as a low-risk to reoffend and had undergone treatment. The offender was genuinely remorseful. The court sentenced the offender to 90 days imprisonment, followed by probation." (Quoting from R v Branco, 2019 ONSC 3591 (CanLII))
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Keywords: None
R v Branco, 2019 ONSC 3591 (CanLII), per Stribopoulos J ON SC "a 2019 case decided after a trial, the defendant was found guilty of possessing and accessing child pornography. He was found not guilty on a charge of making such materials available. He was found to be in possession of 302 images and four videos involving child pornography. The trial judge, apparently largely driven by an immigration issue, imposed a sentence of six months less a day and two years probation." (Quoting from R v Tcheong, 2023 ONCJ 205 (CanLII))
Keywords: None
R v Scattolin, 2019 ONCJ 357 (CanLII), per Harris J ON PC 7 months imprisonment [plus 3 years probation 8,000 images and 64 videos "the offender pled guilty to one count of possession of child pornography. The materials consisted of nearly 8000 images and 64 videos. The vast majority of the photos were of unclothed girls, aged seven to eight, exposing their genitals to the camera. The videos showed adult males having intercourse with young girls. The offender was 50 years of age, had no prior criminal record, was married, and gainfully employed. Before sentencing, the offender had attended four counselling sessions and was remorseful. The court imposed a sentence of seven months imprisonment, followed by three years of probation."(Quoting from R v Branco, 2019 ONSC 3591 (CanLII))
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Keywords: guilty plea — 7 to 8 year old females — 50-year-old offender — no record
R v Cayabyab, 2019 ONCJ 772 (CanLII), per ODonnell J ON PC 12 months CSO plus 3 years probation
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Keywords: None
R v Croisetière, 2019 QCCQ 11268 (CanLII), per Lavergne J QC PC 12 months
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Keywords: None
R v Hamlin, 2019 BCSC 2266 (CanLII), per Winteringham J BC SC 8 months imprisonment, 3 years probation (poss'n) "Mr. Hamlin pleaded guilty to possessing and accessing child pornography. His laptop was found to contain a pornographic image of a one to three year old female child and five pornographic video compilations depicting sexual acts by adults on children. He was 56 years old, self-employed as a carpenter, had positive character references, and had a dated but related criminal record. He was also at a high risk to reoffend. He received a jail sentence of eight months followed by three years of probation." (Quoting from R v CH, 2020 BCSC 323 (CanLII))
Keywords: None
R v Delage, 2019 QCCQ 1125 (CanLII), per Pelletier J QC PC 4 months imprisonment (poss'n) 38 images The offender had mental health problems, family conflicts and financial problems. He possessed 38 photos and made accessible for a few minutes, possibly at most a few hours. Found 12 months minimum unconstitutional.
Keywords: None
R v Winsley, 2019 SKQB 218 (CanLII), per MacMillan-Brown J SK SC
Keywords: None
R v SLG, 2019 BCPC 149 (CanLII), per Malfair J BC PC 14 months imprisonment (global)
(making)
(poss'n)
"between March 22 and March 28, 2018, S.L.G. was a 48-year old grandmother and educational assistant. From the time of her arrest S.L.G. admitted her wrongdoing and expressed remorse. She entered guilty pleas and took responsibility for her actions. She had no criminal record, a good work history, and an eagerness to engage in programs intended to address her offending behaviour. Judge Malfair ordered 14 months’ incarceration followed by three years’ probation and four ancillary orders." (Quoting from R v Neasloss, 2020 BCPC 161 (CanLII))
Keywords: None
R v RWP, 2019 BCPC 133 (CanLII), per Gouge J BC PC 6 months imprisonment, 2 years probation (poss'n) "the 40-year-old first time offender pled guilty to one count of possession of child pornography. The Crown had proceeded summarily. R.W.P. was pro-social, employed as a restaurant cook and had the support of his family. R.W.P. reported to have suffered from depression, suicidal ideation, poor memory, a learning disability and childhood sexual abuse by a family member. Judge Gouge noted R.W.P.’s narrative of his personal history was not well-supported by the pre-sentence report or psychological/psychiatric assessment. ...Judge Gouge concluded there were no exceptional circumstances to justify a non-custodial sentence. Specifically, he did not find exceptional that R.W.P. was gainfully employed and complied with bail conditions." (Quoting from R v Neasloss, 2020 BCPC 161 (CanLII))
Keywords: None
R v Quested, 2019 BCPC 95 (CanLII), per Higinbotham J BC PC 12 months CSO, 12 months probation (poss'n) 1,000+ images "[T]he offender was found to have over 1000 images meeting the definition of child pornography on his computer involving children between the ages of two and nine, sometimes with adult men. He pled guilty to accessing child pornography. At the time of sentencing, Mr. Quested was a 73-year-old first offender. He worked as an accountant, had strong family support, was a highly respected member of the community, and a loving parent and doting grandfather. After his arrest, Mr. Quested immediately began counselling with a psychologist with expertise in sex-related criminal conduct. Mr. Quested complied with strict bail conditions, and showed true insight into and remorse for the harm his actions caused. An independent risk assessment showed Mr. Quested was not a danger to children in his care. Judge Higinbotham found that due to Mr. Quested’s age and a medical condition, prison would have been particularly difficult for him. Judge Higinbotham imposed a 12-month CSO followed by 12 months’ probation. He found exceptional the fact Mr. Quested had “truly turned his life around” and suffered from a precarious medical condition which would be exacerbated by a custodial sentence" (Quoting from R v Neasloss, 2020 BCPC 161 (CanLII))
Keywords: guilty plea — 73-year-old offender — accountant — received counselling — remorse — low risk — medical issues
R v Booth, 2019 BCPC 160 (CanLII), per McQuillan J BC PC 3 months imprisonment, 18 months probation 5 images and 1 video "Mr. Booth pleaded guilty to one count of possessing child pornography. He was 71 years old with no criminal record and a number of health issues. He did not suffer from any substance misuse and assessed a low risk to reoffend. Police found five images and one video satisfying the definition of child pornography and the Crown proceeded summarily." (Quoting from R v Neasloss, 2020 BCPC 161 (CanLII))
Keywords: None
R v Mollon, 2019 BCSC 423 (CanLII), per J BC SC 6 months imprisonment (poss'n)
15 months imprisonment
Keywords: None
R v BJM, 2019 BCPC 303 (CanLII), per Morgan J BC PC 8 months imprisonment (poss'n)
12 months imprisonment (making avail)
"B.J.M. pled guilty to possessing and making available child pornography. The investigating officers found 55 images of young females, including images B.J.M. had made himself of two girls he knew. The girls provided victim impact statements. B.J.M. had no criminal record, a university education, the support of his spouse and his employer." (Quoting from R v Neasloss, 2020 BCPC 161 (CanLII))
Keywords: None
R v Mailloux, 2019 ABPC 114 (CanLII), per Fradsham J AB PC "the accused pleaded guilty to one count of possession of child pornography. The accused created a Dropbox account where he uploaded 258 child pornography files and made the files publicly available. A search of his electronic devices found 6,875 unique images and 434 child pornography videos. The images depicted boys between the ages of two to 13 years old and included images of fellatio and anal intercourse. There were images of bondage and an image depicting a violent sexual assault by an adult male of a seven year old boy. Some of the pornography in the collection was described as “particularly egregious”. The accused was sentenced to 15 months jail followed by two years probation. " (Quoting from R v BJL, 2021 ABPC 62 (CanLII))
Keywords: None
R v Alexander, 2019 BCCA 100 (CanLII), per MacKenzie JA BC CA 8 months imprisonment over 6000 images and 400 videos "He had pled guilty to possessing over 6000 images and 400 videos that met the definition of child pornography. The images were collected over a period of two years."
Keywords: None
R v Morrison, 2019 ONCJ 262 (CanLII), per J ON PC 11 images "Justice Silverstein found that a conditional sentence would not be a fit sentence for a 59-year-old first offender who had 11 unique child pornography images. The offender shared three of the images using Facebook. The offender pleaded guilty and had no criminal record. He was an alcoholic. Justice Silverstein imposed a sentence of 100 days’ jail." (Quoting from R v Treloar, 2023 ONCJ 100 (CanLII)) see also
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Keywords: None
R v Schacter, 2019 ONCJ 154 (CanLII), per Chapman J ON PC "the offender was found guilty of possessing child pornography after a trial. The material consisted of 148 photos of boys between the ages of eight and 12, in various stages of undress, that were found to meet the definition of child pornography. The offender was 58 years old, had no prior criminal record, and was of previous good character. He had health issues that would make his time in custody difficult. The offender expressed no remorse nor insight. The court imposed a sentence of six months imprisonment, followed by three years of probation." (Quoting from R v Branco, 2019 ONSC 3591 (CanLII))
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Keywords: None
2018
R v Clark, 2018 NSPC 58 (CanLII), per Michie J NS PC
R v MacDonald, 2018 SKQB 18 (CanLII), per Keene J SK SC 16 months imprisonment, 3 years probation "the accused was convicted of possession of child pornography in relation to 2415 images and 52 videos. He was 73 years of age and had no criminal record. The Court described his collection as “sizeable” and sentenced him to 16 months incarceration followed by three years of probation" (Quoting from R v Mollon, 2019 BCSC 423 (CanLII))
Keywords: None
R v Pereira, 2018 ABPC 72 (CanLII), per Bascom J AB PC "the accused pleaded guilty to one count of possession of child pornography. The accused had 461 unique child pornography images and 818 videos. He had no prior criminal record and was at a low risk to re-offend. The videos included children between five to 10 years of age involved in various sex acts with other children and with adult males and adult females. The Court imposed a sentence of nine months jail and three years probation." (Quoting from R v BJL, 2021 ABPC 62 (CanLII))
Keywords: None
R v Prince, 2018 BCSC 987 (CanLII), per Ker J BC SC "Mr. Prince was found guilty of four child pornography-related offences. Between 330-350 images and six to eight videos were recovered, including of young children under the age of 12 and toddlers engaged in sexual acts with adults. He was 26-27 years old at the time of the offences, and 35 years old at the time of sentencing. He had a very traumatic childhood and was himself a victim of sexual abuse. He was also Indigenous, and Gladue factors were considered. He had an unrelated criminal record. Before credit for pre-sentence custody was applied, an appropriate sentence would have been 12 months for the possession charge, three years for possession for the purpose of distributing, and three years for making available or distributing, to be served concurrently, followed by three years’ probation." (Quoting from R v CH, 2020 BCSC 323 (CanLII))
Keywords: None
R v Watson, 2018 BCCA 329 (CanLII), per Fenlon JA BC CA 1 years imprisonment, 3 years probation (poss'n) 72 year old retired aircraft mechanic. No prior record. Sentence was described as "lenient".
Keywords: None
R v AR, 2018 ONCJ 613 (CanLII), per Latimer J ON PC 7 months imprisonment (making)
3 months imprisonment (poss'n)
A father of two stepdaughters aged eight and eleven engaged in online dialogue with a stranger (MM) in which he wrote sexualized descriptions of his stepdaughters, shared their photographs, and wrote about “... hav[ing] fun with them both or hav[ing] them just rub my cock. Till I explode all over their tiny hands...”. AR was charged after the email exchange was discovered on MM’s computer when MM was arrested for sexual contact with a seven-year-old child. ... Latimer J. imposed a sentence of seven months jail. He held that the fact that AR’s writing sexualized his own stepdaughters, that he used their pictures as “props” and that the stepdaughters had suffered hurt and anguish as a result, were aggravating factors." (Quoting from R v Massey, 2021 ABQB 146 (CanLII))
Keywords: None
R v Boodram, 2018 ONCJ 159 (CanLII), per Renwick J "the court upheld the mandatory minimum and imposed a six month custodial sentence on a forty-two year old offender who was in possession of child pornography, had no prior record, and he in fact suffered from leprosy, and as a result was socially isolated and suffered from a severe medical condition, and the psychological conditions that flow from that." (Quoting from R v Clark, 2018 NSPC 58 (CanLII))
Keywords: None || {{{3}}} || {{{4}}} || {{{5}}} || {{{6}}}
R v Swaby, 2018 BCCA 416 (CanLII), per Bennett JA (3:0) BC CA Conditional Sentence "The first offender had 400 videos and 480 images which fell into the category of serious in nature. But he also had significant cognitive impairment and was “child-like” in terms of his intellect, causing his moral culpability for the offence to be reduced. He was schizophrenic, had been diagnosed with major depressive disorder, and had expressed suicidal ideations. There was also psychological opinion evidence that this offender would suffer significant harm from incarceration." The Court found 90-day minimum sentence was unconstitutional. (Quoting from R v Treloar, 2023 ONCJ 100 (CanLII))
Keywords: None
R v John,
2018 ONCA 702 (CanLII), 366 CCC (3d) 136
ON CA 89 videos and 50 images 10 months imprisonment (poss'n) "Mr. John was convicted of possessing child pornography. Police executed a warrant on his home. On his computer, police located 50 unique child pornography images and 89 unique videos. He was sentenced to 10 months in custody. He appealed his conviction and sentence on the basis that the six-month statutory mandatory minimum violated s. 12 of the Canadian Charter of Rights and Freedoms and that the 10-month sentence (less two months of credit) was unfit. The mandatory minimum sentence was struck down. However, the Court found that the sentence imposed was fit and proportionate to the gravity of the offence and the degree of responsibility of the offender. The Court referred to the fact that Mr. John was 29 years of age at the time of the offences and 31 at the time of sentencing. He suffered from serious mental health problems for which he was inadequately treated. At times he was suicidal. He was employed and was continuing counseling. He was remorseful and no risk factors had been identified." [Source]
Keywords: None
R v Inksetter, 2018 ONCA 474 (CanLII), per Hoy ACJ ON CA 3.5 years imprisonment "the accused was found to have amassed “one of the largest and worst collections of child pornography that the Ottawa Police Service had ever uncovered”. He was convicted, after trial, of possession of child pornography and making available child pornography. The accused had 28,052 unique images and 1,144 unique videos of child pornography. At that point, the Crown halted their investigation, while there was still 1.2 million other images and 40,000 other videos left to review and categorize. The accused pled guilty at the first reasonable opportunity. ... the accused had shown real remorse and insight and had accepted responsibility for what he had done." "Almost all of the collection involved penetrative and other sexually explicit activity. The offender was 51 years old and he used pornography as a coping mechanism to deal with difficulties in his life."
Keywords: None
R v Zhang, 2018 ONCJ 646 (CanLII), per Bentley J ON PC "the offender pled guilty to possessing seven images and one video that constituted child pornography. The video showed the penetration of a seven to nine-year-old girl, with an object and then a penis. The offender was a 19-year-old first offender who was in Canada attending university and risked deportation. He encountered the material while searching the Internet and decided to download it. The offender was remorseful. The court imposed a sentence of four months imprisonment, followed by probation for 18 months." (Quoting from R v Branco, 2019 ONSC 3591 (CanLII))
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Keywords: None
2017
R v Tulloch, 2017 ABPC 257 (CanLII), per Pharo J AB PC 18 months imprisonment
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Keywords: None
R v Campbell, 2017 BCPC 313 (CanLII), per Gaffar J BC PC 10 months imprisonment
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Keywords: None
R v Tremblay, 2017 BCPC 375 (CanLII), per McKimm J BC PC 18 months imprisonment "the accused pleaded guilty to two counts of possessing and accessing child pornography on the basis of a collection of 455 videos and 1552 images. He had no prior criminal history, and was sentenced to 18 months imprisonment followed by two years probation"
Keywords: None
R v Speers, 2017 ONCJ 922 (CanLII), per Latimer J ON CJ "the offender pled guilty to possessing child pornography. His collection consisted of 71 images and four videos, characterized as falling within category four of the scale developed in R. v. Oliver [2002] EWCA Crim 2766. This category involves penetrative sexual activity. The sentencing judge acceded to a joint submission for six months imprisonment and one year of probation." (Quoting from R v Branco, 2019 ONSC 3591 (CanLII))
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Keywords: None
2016
R v Carlos, 2016 ONCA 920 (CanLII), per curiam ON CA 3 years imprisonment The offender was convicted at trial for possession and making available child pornography.
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Keywords: None
R v Hudec, 2016 SKPC 16 (CanLII), per Kalmakoff J SK PC 4.5 years (access)
4.5 years (poss'n)

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Keywords: guilty plea
R v MT, 2016 BCPC 243 (CanLII), per Brecknell J BC PC 90 days imprisonment (poss'n) 17 videos "the 49-year-old offender pled guilty to possessing child pornography. The quantity of the materials is not readily apparent from the sentencing decision, although there were at least 4 videos that included sex acts between children and adults. The offender had no criminal record and was determined to be at low risk to reoffend. The Crown sought a sentence of six to nine months while the defence sought the mandatory minimum of 90 days. The court imposed a sentence of 90 days."
Keywords: None
R v TW, 2016 ONCJ 409 (CanLII), per M Green J ON PC 40 days imprisonment 13 images The offender plead guilty to attempted possession of child pornography for attempting to download the files through his work computer. The network filtered out the files, preventing him from obtaining the files. The materials consisted mostly of "naturalist" settings.
Keywords: None
R v Harrison, 2016 ABPC 112 (CanLII), per Redman J AB PC 18 months imprisonment
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Keywords: None
R v Wang,
2016 ONSC 5610 (CanLII), [2016] OJ No 5582 (SCJ), per Corrick J
ON SC 9 months imprisonment "the offender was convicted of possession of child pornography following a trial. The collection consisted of 38 images and 5 videos that depicted graphic sex between children and adults. One of the video recordings included simulated rape and bondage. The offender was 26-years at the time of sentencing, but only 20-years old at the time of the offence. He had no prior criminal record, was employed, and was of previous good character. The offender had good rehabilitative prospects and was willing to take treatment. Six years had passed since the commission of the offences, and the offender had matured in the interim. The court imposed a sentence of imprisonment for nine months, followed by three years of probation." (Quoting from R v Branco, 2019 ONSC 3591 (CanLII)) "a 20-year old first offender who possessed 38 child pornography images and 5 child pornography videos. The images consisted of graphic sex acts between children and between children and adults, including one that simulated rape involving bondage. The defendant was of prior good character, had good rehabilitative prospects and was willing to take treatment. The Court rejected a sentence of 90 days jail as an insufficient general deterrent and insufficiently denunciatory;" [1]
Keywords: None
R v Lysenchuk,
2016 ONSC 1009 (CanLII), [2016] OJ No 836 (S.C.J), per Shaw J
ON SC 9 months imprisonment 5920 images and 588 videos "the offender was found guilty of possessing child pornography following a trial. He possessed 5920 images and 588 videos. The offender was 65 years of age and retired. Before his retirement, he had a positive work history. The offender was a person of previously good character, including an exemplary parent. He posed a low risk to reoffend, was remorseful and open to seeking treatment. The court imposed a sentence of imprisonment for nine months, followed by three years of probation." (Quoting from R v Branco, 2019 ONSC 3591 (CanLII)) "a first offender, who was 65 years old and had no prior criminal record. He had possessed 5920 images and 588 videos. His risk of offending involving actual contact with children was low, and risk of committing a child pornography offence again was low moderate;"
Keywords: None
R v Robinson, 2016 ONCJ 306 (CanLII), per Bishop J ON PC 2 years less a day imprisonment (global, concurrent on each)
see Making Child Pornography (Sentencing Cases)
R v LeCourtois, 2016 ONSC 190 (CanLII), per Kent J ON SC 45 days
R v Garcia, 2016 ONCJ 550 (CanLII), per J ON PC "the offender pled guilty to possessing 41,888 images and 630 videos of child pornography. The collection mainly consisted of pubescent children or children in early adolescence posing naked or partially clothed in a sexually provocative manner. Many of the images and video recordings featured the same children, with multiple images and videos of the same child spliced from a single recording. As a result, the number of files was not reflective of the actual number of children victimized. There were a few depictions of explicit sexual activity. The offender was 29 years old, had no criminal record, a positive work history, and was assessed as a low-risk to reoffend. The offender was sentenced to eight months imprisonment, followed by two years of probation." (Quoting from R v Branco, 2019 ONSC 3591 (CanLII))
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Keywords: None
R v Gryba, 2016 SKQB 123 (CanLII), per Popescul CJ SK SC 53 months, less a day
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Keywords: None
R v MOC, 2016 BCPC 273 (CanLII), per Hewson J BC PC 10 months imprisonment, 3 years probation (poss'n) The offender was a retired lumber mill employee. He "was found guilty of possessing 58 videos and one image that met the definition of child pornography. He was 70 years old, had no record and suffered from a number of health problems. He seemed to lack insight into the fact that his offence was wrong. The Crown sought a sentence of 12 months and the defence sought a sentence of six months. No challenge was made to the mandatory minimum sentence of six months. The offender received a sentence of 10 months." (Quoting from R v Booth, 2019 BCPC 160 (CanLII))
Keywords: None
R v TJRM, 2016 BCPC 177 (CanLII), per MacCarthy J BC PC 90 days imprisonment "the 31 year old offender pled guilty to possessing 82 images and 56 videos of child pornography. The materials included vaginal and anal penetration of very young children. The offender admitted to being addicted to pornography, and in particular to child pornography, which he had been viewing for a number of years. The Crown sought a sentence of six months and the defence sought the mandatory minimum of 90 days. The sentencing judge imposed the mandatory minimum of 90 days." (Quoting from R v Booth, 2019 BCPC 160 (CanLII))Template:FindOthres
Keywords: None
R v Kotzer, 2016 BCSC 902 (CanLII), per Weatherill J BC SC "the court heard a summary conviction and sentence appeal by the accused. The conviction appeal was dismissed and the sentence was reduced from four months to the mandatory minimum of 14 days. However, I agree with the Crown that this case is of limited usefulness as the reduced sentence on appeal was the result of a joint submission, with no facts outlined in support of the sentence."(Quoting from R v Booth, 2019 BCPC 160 (CanLII))
Keywords: None
R v King, 2016 NWTSC 29 (CanLII) per Charbonneau J NWT SC 24 months imprisonment 68 videos and 39 images "the offender pled guilty to possessing 68 videos and 39 images that met the definition of child pornography. The offender was 51 years old, aboriginal and had a tragic childhood. He had no record. He was sentenced to 24 months." (Quoting from R v Booth, 2019 BCPC 160 (CanLII))
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2015
R v Lang, 2015 ABPC 25 (CanLII), per Fradsham J AB PC 1 year (poss'n)
3 years (distr)
"the accused pleaded guilty to possession and to distributing child pornography. The accused had 3,712 images as well as 6,478 videos. The accused had a computer program that was being used to share the pornography collection with others. The majority of the images showed boys between the ages of 10 and 14 posing naked. Some of the images showed boys between the ages of 10 and 14 engaged in anal and oral intercourse with adult men. There were a few images of bestiality. The accused had a prior criminal record for possession of child pornography which the Court identified as an aggravating factor. The Court imposed a sentence of one year for possession and three years for distribution to be served consecutively. " (Quoting from R v BJL, 2021 ABPC 62 (CanLII))
Keywords: None
R v ​Seguin, 2015 NSPC 95 (CanLII), per Hoskins J NS PC 75 days imprisonment
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Keywords: None
R v Aharonov, 2015 ONCJ 787 (CanLII), per Brewer J ON PC 10 months + 3YP (poss'n x2) 33 unique videos, 515 unique images, all accessible to user. 2096 recovered images. Co-worker discovers images on the hard drive of offender while at work. Police are called and seized several electronic devices. Judge also ordered DNA, SOIRA for life, and a s. 161 order.
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Keywords: None
R v Covert, , [2015] O.J. No 3488 (O.C.J.)(*no CanLII links) ON PC "the offender pled guilty to possessing 27 still images and 256 videos of child pornography. Thirty percent of this collection consisted of prepubescent children, including some children as young as five or six years old. Almost half of the material consisted of explicit sexual activity, including vaginal and anal sex, oral sex, and masturbation. The offender was 58 years of age, had a prior unrelated criminal record, had undergone treatment, and posed a low risk to reoffend. The court sentenced the offender to six months imprisonment, followed by 12 months of probation." (Quoting from R v Branco, 2019 ONSC 3591 (CanLII))
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Keywords: None
R v Burke, 2015 SKPC 173 (CanLII), per Angew J SK PC 3 years imprisonment, 3 months The offender plead guilty to possession. The nature of the materials was serious and included "small children be tortured". He was a "sophisticated" used and employed the use of complex encryption to hide his activity. There was evidence of 4,905 files of child pornography being downloaded but only 8 were intact.
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Keywords: None
R v Robertson, 2015 ONCJ 48 (CanLII), per Baldwin J ON PC 18 months and probation 18,556 images, 61 videos (not all categorized) Also made 161 order.
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Keywords: None
R v Rotman, 2015 ONCA 663 (CanLII) ON CA 4 images, 2 videos
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Keywords: prior conviction

Pre-2015

Term PC SC CA S/S
Defined Provincial
Court
Superior
Court
Court
of Appeal
Suspended
Sentence

See Also