Possessing and Accessing Child Pornography (Sentencing Cases): Difference between revisions
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{{SCaseCP|R v Vasic,<br> [http://canlii.ca/t/23jrk 2009 CanLII 23884] (ON SC) |ON|SC| 19 months | 119 videos, 494 images | Offender sentenced for possession, making available child pornography as well as several weapons offences. Materials depicted violence and explicit sexual activity. Offender was 19 years old and worked in car sales. He had no record. Lost his job due to charges. Probation (3 years) SOIRA (10 years) ordered. Was assaulted while in custody.}} | {{SCaseCP|R v Vasic,<br> [http://canlii.ca/t/23jrk 2009 CanLII 23884] (ON SC) |ON|SC| 19 months | 119 videos, 494 images | Offender sentenced for possession, making available child pornography as well as several weapons offences. Materials depicted violence and explicit sexual activity. Offender was 19 years old and worked in car sales. He had no record. Lost his job due to charges. Probation (3 years) SOIRA (10 years) ordered. Was assaulted while in custody.}} | ||
{{SCaseCP|R v Blatchley, <br> 2009 ONCJ 404 | ON| PC| 3 years | | }} | {{SCaseCP|R v Blatchley, <br> 2009 ONCJ 404{{NOCANLII}} | ON| PC| 3 years | | }} | ||
{{SCaseCP|R v Fagan, [http://canlii.ca/t/2441t 2009 CanLII 32261] (ON SC) | ON|SC| 1 year | | The offender was found guilty of assault and possession of child pornography. }} | {{SCaseCP|R v Fagan, [http://canlii.ca/t/2441t 2009 CanLII 32261] (ON SC) | ON|SC| 1 year | | The offender was found guilty of assault and possession of child pornography. }} |
Revision as of 09:37, 23 October 2018
- < Sentencing
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|
2010 to present
Case Name | Prv | Crt | Sentence | Amount | Summary |
---|---|---|---|---|---|
R v Swaby, 2017 BCSC 2020 (CanLII) |
BC | SC | Conditional Sentence | Justice found that the mandatory minimum of 90 days was unconstitutional. [Marchand SCJ] Appeal pending 2018 BCCA 35 (CanLII) | |
R v Campbell, 2017 BCPC 313 (CanLII) |
BC | PC | 10 months | ||
R v Inksetter, 2017 ONCJ 574 (CanLII) |
ON | PC | 2 years less a day | ||
R v Tremblay, 2017 BCPC 375 (CanLII) |
BC | PC | 18 months | ||
R v Tulloch, 2017 ABPC 257 (CanLII) |
AB | PC | 18 months | ||
R v Carlos, 2016 ONCA 920 (CanLII) |
ON | CA | 3 years | The offender was convicted at trial for possession and making available child pornography. | |
R v MT, 2016 BCPC 243 (CanLII) |
BC | PC | 90 days | 17 videos | |
R v TW, 2016 ONCJ 409 (CanLII) |
ON | PC | 40 days | 13 images | The offender plead guilty to attempted possession of child pornography for attempting to download the files thoruhg his work computer. The network filtered out the files, preventing him from obtaining the files. The materials consisted mostly of "naturalist" settings. |
R v Harrison, 2016 ABPC 112 (CanLII) |
AB | PC | 18 months | ||
R v Robinson, 2016 ONCJ 306 (CanLII) |
ON | PC | 2 years less a day (global, concurrent on each) |
see Making Child Pornography (Sentencing Cases) | |
R v Gryba, 2016 SKQB 123 (CanLII) |
SK | SC | 53 months, less a day | ||
R v Aharonov, 2015 ONCJ 787 (CanLII) |
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. |
R v Burke, 2015 SKPC 173 (CanLII) | SK | PC | 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. | ||
R v Robertson, 2015 ONCJ 48 (CanLII) |
ON | PC | 18 months and probation | 18,556 images, 61 videos (not all categorized) | Also made 161 order. |
R v JDM (Mack), 2014 ONCJ 29 (CanLII) |
ON | PC | 2 years less a day | under 100 images and videos | The offender pleaded guilty to possession, accessing and making available child pornography. He had a previous record of possessing child pornography. He had only just finished completing his programming from his previous sentence when he was caught again. He was 36 years old and had been sexually assaulted when he was younger. The judge sentenced Mack to 2 years less a day with probation. |
R v Kroeker, 2014 SKQB 137 (CanLII) |
SK | SC | 2 years (poss'n) 1 year (making avail) both concurrent |
100k images 6k videos |
see Distribution Case Digests for summary |
R v Dansereau, 2014 ONCJ 250 |
ON | PC | 15 months | 535 images, 31 videos | Offender pleaded guilty to possession. Materials depicted intercourse with very young females. Offender was 56 years old and was employed in a mine. |
R v St. Martin 2014 ONSC 4401 |
ON | SC | 8 months | 164 images and 5 videos | Offender convicted of possession and accessing. He was caught looking at child pornography at the public library. Most materials were 'mild'. Offender was 47 years old and unemployed. Probation (2 years) ordered. Offence date was pre-2012 amendments. |
R v Riffon, 2014 ONCJ 262 (CanLII) |
ON | PC | 15 months | The offender pleaded guilty to possession of child pornography. | |
R v Elstub, 2014 ONCJ 546 (CanLII) |
ON | PC | 1 year with probation | 437 unique images | The offender pleaded guilty to one count of possession of child pornography. He had previous outstanding charges for possession of child pornography at the time of the commission of the offence. He possessed 437 unique images depicting victims between the ages of 2 and 6 being sexually assaulted through oral, vaginal and anal intercourse with adult males. The offender was 43 years old and operated a glass blowing company for many years. He had a number of mental health problems including anxiety and PTSD. He had been sexually abused as a child. He was not a Canadian citizen and would possibly be deported after completion of sentence. He had an unrelated criminal record for assault, breaches of court orders. Judge Speyer J. rejected a joint recommendation of 90 days and sentenced the accused to 1 year jail with 3 years probation. |
R v Hughes, 2014 ONCJ 231 (CanLII) |
ON | PC | 12 months (global) 4 months (poss'n) 8 months (making avail) |
355 images, 242 videos | See Distribution Case Digests |
R v Bertrand, 2014 QCCQ 5233 (CanLII) |
QC | PC | 60 months (global) | Offender pleaded guilty to 75 counts relating to child pornography. He was found to be soliciting young girls online as a modelling talent agent, getting girls to pose for him through webcam. | |
R v O’Shea, 2014 ONSC 840 (CanLII) |
ON | SC | 1 year | The offender pleaded guilty to possession of child pornography. Two years probation was ordered. | |
R v Snow, 2014 BCPC 27 (CanLII) |
BC | PC | 4 years | Offender pleaded guilty to possession. He had serious related record. | |
R v Lukat, 2014 ABCA 112 (CanLII) |
AB | CA | 8 months (poss'n) |
||
R c Lapierre, 2013 QCCQ 6496 (CanLII) |
QC | SC | 3 years (global) |
109,000 images 500 videos |
|
R v Hyde, 2013 ABPC 206 (CanLII) |
AB | PC | 30 months (global) LTO designation |
2,000+ images, 4,00+ videos | The offender pleaded guilty to two counts of possession of child pornography and a breach of recognizance. While on a reconnaissance he was found in public masturbating to child pornography on a cell phone. It's further search revealed several devices containing more child pornography. The materials mainly consisted of nudity with focus on the anal and vaginal region's, But also included adults engaging in sexual activity with children. The offender was 66 years old with a considerable record including related offences. The judge found him to be a long-term offender. No indication of which minimum applied. |
R v Mills, 2013 ABPC 181 (CanLII) |
AB | PC | poss'n (1 year) making (2 years) interference (4 years) luring (1 to 2 years) |
The Distribution Case Digests | |
R v K.D.C., 2013 BCPC 176 (CanLII) |
BC | PC | poss'n (2 years) sexual assault CBH (10 years) |
||
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 | The Distribution Case Digests |
R v Merrick, 2013 ONCJ 232 (CanLII) |
ON | PC | poss'n x2 (15 months each + P) breach (30 days) |
100,000+ images 1,900+ movies |
Offender pleaded guilty to two counts of possession and one count breach of recognizance. He was initially charged with possession and accessing in December 2011. In August 2012 he was found in possession again. Most of the materials were accessible. He was assessed as low to moderate risk of really offence and had taken some counseling. She had community support. Probation for three years ordered. |
R v Lalbin, 2013 QCCQ 2010 (CanLII) |
QC | 90 days (poss'n) | 200 images and some videos | The offender pleaded guilty to possession of child pornography and unsafe storage of a firearm. Materials were found on a USB device. Offender was a 74 year old retired professor. Probation (2 years) ordered. | |
R v Mathieson, 2013 ONCJ 592 (CanLII) | ON | PC | The offender pleaded guilty to possession and printing child pornography as well as breach of probation. | ||
R v Karlenzig, 2013 SKPC 48 (CanLII) |
SK | PC | poss'n (12 months) | Offender pleaded guilty to possession. Police obtained records of customers of a commercial child pornography DVD vendor . Offender was 57 years old and worked at teh Saskatchewan teacher's federation. He left his job after arrest. He made purchases over 2 and a half years. Probation (3 year) ordered. | |
R v Allen, 2013 BCPC 69 (CanLII) |
BC | PC | Poss'n (12 months + P) | 2000+ images, 456 videos totalling 4.5 gigabytes of files. | new minimums apply. Collection was well-organized on external hard drive. There were also CP found on a number of discs. Offender tried to hide the hard drive when police searched residence. |
R v Labre, 2013 ONCJ 116 (CanLII) |
ON | PC | Poss'n (90 days) | 1,700+ pics 40+ videos | Offender pleaded guilty to possession. Offender was 49 years old with good employment record. Offenders computer was stolen in 2008 and child pornography was discovered and traced back to him. |
R v Twigg, 2013 ONCJ 96 (CanLII) |
ON | PC | Poss'n (8 months) | 1060 images and 2173 nudity images and 206 videos | The offender was 24 years old with no record. He had a positive employment history and was willing want to go counseling. He suffered from ADD. Probation ordered 18 months. |
R v Foley 2013 ONCJ 26 (CanLII) |
ON | PC | Poss'n (9 months) | ||
R v Lane, 2013 ONCJ 111 (CanLII) | ON | PC | 90 days | 3,610 images and 191 videos | Offender pleaded guilty to possession of child pornography. Materials were found on his computer, they included depictions of intercourse, oral sex, and posing. The offender was a retired 68 years old who taught as a high school teacher previously and was a publisher. He had a history of volunteering work including with young people. He had limited insight into the conduct. He had skin cancer. Probation (1 year) ordered. |
R v Leask, 2013 BCSC 926 (CanLII) |
BC | SC | 45 days | 26 images | |
R v R.L.W. 2013 BCCA 50 (CanLII) |
BC | CA | Poss'n (18 months) | Also sentenced on Sexual assault causing bodily harm (5 years) | |
R v Rainville, 2013 QCCQ 3524 (CanLII) | QC | ?? | 9 months | The offender pleaded guilty to possession of child pornography. Three years probation was ordered. | |
R v Clayton, 2012 ABQB 333 (CanLII) |
AB | SC | 1 year (poss'n) 1 year (access) 2 years (distrib) 3 years (global) |
4,600 images | The offender was a 30 year old British soldier collecting CP over 10 months. Files were mostly of girls and boys naked, involved in intercourse, oral sex. Chat logs were also found showing the offender chatting with 213 persons discussing interest in images and sharing online. Found guilty at trial. Offender has abused as a child. No prior record. Had two post-secondary degrees. Given three month remand credit. |
R v Lilly, 2012 CanLII 64584 (NL SCTD) |
NL | SC | 12 months | The offender pleaded guilty to possession of child pornography, careless storage of a firearm (x2), and possession of cannabis resin. Probation for 3 years was ordered. | |
R c Castonguay, 2012 QCCQ 11389 (CanLII) | QC | SC | 7 months + P | 356 images | Offender was 30 years old. Possessed images of naked females between 5 and 14 years of age, mostly posing without explicit sexual activity. Negative pre-sentence report and psych report. Limited acceptance of responsibility. |
R v Morrisseau 2012 ONCJ 259 (CanLII) |
ON | PC | 2 years less a day (JR) | Guilty plea to possession, making available, possession of stolen property, interference, and invitation to sexual touching. Found in a large collection of CP. While babysitting niece he masturbated in front of her and touched her buttocks and between her legs. He had her touch his penis. Offender was 37 years old, aboriginal, with no prior record. Assessed as low risk. | |
R c Fortin, 2012 QCCS 6930 (CanLII) | QC | SC | 6 months | The offender pleaded guilty to possession of child pornography and 2nd degree murder. | |
R c Haddad, 2012 QCCQ 2449 (CanLII) |
QC | ?? | discharge | The offender was found guilty of possession and importing child pornography. | |
R v Pelich 2012 ONSC 4100 (CanLII) |
ON | SC | 42 months (global) 2 years (poss'n) 1 year (access) |
Convicted for accessing CP x 1, making available CP x 2, possession CP x 3. Materials depicted females aged 6 to 10 engaged in oral, vaginal and oral sex with adult males. Some depicted toddlers. Offender was 45 years old with no prior record. He was unremorseful, showed no insight refused treatment. | |
R v Davies, 2012 ONSC 6021 (CanLII) |
ON | SC | 15 months + P | 4,254 pics, 449 videos | Offender was found in possession of two CDs containing 4,254 images and 449 videos of child pornography. Images showed sexual posing and sexually explicit activity of mostly boys aged between 12 and 14. Some images of toddlers others showed bondage. The offender was 52 years old suffered from leukaemia was homeless for a period of time. Leukaemia was in remission at time of sentencing. (Spies J.) |
R v Heffernan, 2012 ONCJ 796 (CanLII) |
ON | PC | 90 days + P | 300 to 500 images | Images included highly explicit images of girls as young as 2 years old. Offender was 31 years old with no record. Lost most friends due to charges. Lived with parents and worked as security guard for 6 years. He was remorseful. Psych report stated he was low risk of reoffence. (Per Feldman J.) |
M.P. c. R., 2012 QCCA 1784 (CanLII) | QC | CA | 3 months (access) 12 months (distrib) 15 months (touching) |
Offender was 20 years old, was involved in masturbation of half-brother who was 13 years old. He showed images of CP to an 8 year old boy. | |
R c Auger-St-Laurent, 2012 QCCQ 9440 (CanLII) |
QC | SC | 6 months + P | 1,000 files | Offender was 28 years old with no record. He downloaded CP over 5 or 6 years. File discovered by computer repair person. Offender a good candidate for rehabilitation. |
R v KDH 2012 ABQB 471 (CanLII) |
AB | SC | Poss'n (2 years) Global (18 years) |
10,000+ images and videos | offender also sentenced for a variety of sex offences against children. Offender had sexual relations with his own children and step-children over several years. Found CP on computer. (Chapdelaine J.) |
R v Fiaoni, 2012 ONSC 7535 (CanLII) | ON | SC | 1 year | The offender was found guilty of possession of child pornography. | |
R v Young 2012 ONCJ 716 (CanLII) |
ON | PC | poss'n (90 days) | 13,959 images, 210 videos | most materials were inaccessible |
R v Wright, 2012 ONCJ 698 (CanLII) |
ON | PC | making avail. (12 months + P) poss'n (12 months + P) |
404 videos, 40 images | peer-to-peer investigation |
R v Nelson, 2012 BCPC 348 (CanLII) |
BC | PC | Poss'n (1 year) | 18 images and videos | also charged with sexual assault causing bodily harm of 14 year old--aboriginal background |
R v Lorenz, 2012 SKQB 391 (CanLII) |
SK | SC | 9 months | 449 images and 9 videos | |
R v Schroeder, 2012 ABPC 241 (CanLII) |
AB | PC | Poss'n (90 days) Luring (24 months less a day CSO) |
4 images, 5 videos | Over 9 days, accused chatted with undercover officer posing as a 13 year old girl-conversation became sexual-they arranged to meet up and he was arrested upon arrival, condoms were found on him at time or arrest-police found 218 chats with other adults discussing sexual acts with children |
R v McArthur, 2012 ABPC 217 (CanLII) |
AB | PC | Poss'n (12 months) Distrib (16 months) |
991 images, 67 videos | |
R v Hutchings, 2012 ONCJ 347 (CanLII) |
ON | PC | 36 months | 61,000 images, 150 videos | The offender pleaded guilty to four counts relating to child pornography and breach of probation for previous charges for accessing and distributing child pornography. Within weeks of release he was found accessing and possessing child pornography. His collection was greater than 60,000 files. He was 43 years old. He ceased treatment shortly after completing his term on the first offences. The accused was sentenced to 3 years (pre-2012 minimums applied). |
R v Paradee, 2012 ABPC 148 (CanLII) |
AB | PC | Poss'n (90 days) Luring (18 month CSO) |
webcam | offender lured 16 year old online and had her masturbate on web camera. |
R v Rice, 2012 CanLII 81903 (NL PC) |
NL | PC | 1 year ( distrib) 4 months (poss'n) 18 months (luring) |
Offender pleaded guilty to luring, possession and distribution of child pornography. Offender began an online relationship with a 16 year old boy he met while playing video games. They engaged in sexual chat and spoke by phone as well as facebook and text messages. He sent the victim child pornography and the victim sent nude photos of himself. The victim reported him to the police when a meet-up was suggested. The offender was 37 years old with a criminal record including one offence for interference. He showed little insight into his actions. | |
R v Andrukonis, 2012 ABCA 148 (CanLII) |
AB | CA | Poss'n (12 months) | 42 unique images, 87 videos | offender pleaded guilty to one count of possession of child pornography. He collected for 12 to 18 months--was sexually abused as a child. Materials mostly consisted of depiction of explicit sexual activities and sadism. Offender admitted offence to police. |
R v Klassen, 2012 BCCA 405 (CanLII) |
BC | CA | 1 year | The offender pleaded guilty to importing child pornography and sexual interference (x 14). | |
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) |
See Making Child Pornography Digests for summary | |
R v H.(R.) 2012 ONCA 593 (CanLII) |
ON | CA | 27 months | Offender pleaded guilty to poss'n CP, and making available CP x 2, breach probation. Offender was 28 years old, with prior record. He was cooperative with police. Probation (18 months) ordered. | |
R v Ahmed, 2012 ONCJ 71 (CanLII) |
ON | PC | Poss'n (90 days) | 28 images, 7 videos | Offender pleaded guilty to possession. Crown proceeded summarily and sought 12 months. Offender was 19 years old, with no evidence of being a pedophile. Probation for 3 years was ordered. |
R v Matticks, 2012 ABPC 32 (CanLII) |
AB | PC | Poss'n (12 months) Global (2 years less a day) |
334 images | also charged with luring two children on internet |
R v Gringel, 2012 ONCA 48 (CanLII) |
ON | CA | 15 months | ||
R v Keough, 2012 ABCA 14 (CanLII) |
AB | CA | 18 months | poss'n x 2; appealed from 27 month sentence; voyeurism; stole video of youths sexual activity | |
R v Ingvaldson, 2012 BCPC 437 (CanLII) |
BC | PC | 3 months | 41 images | Offender pleaded guilty to possession and accessing child pornography. Materials included depiction of intercourse between adults and children. The children depicted were particularly young and the depictions were highly graphic. The offender was a director of education technology of a school with a Masters degree. He lost his job and his marriage due to the arrest. He received treatment before sentencing. Probation (2 years) ordered. |
R v Gaudreau, 2012 QCCQ 5669 (CanLII) |
QC | SC | 6 months (poss'n) 6 months (distr) |
2,543 files | Police discover CP images on computer with evidence of file sharing. Files depicted young boys posing. Offender was 52 years old. He was retired from the military with no prior record. Probation was also ordered. |
R v Guillemette, [2010] OJ No 5307(*no CanLII links) |
ON | 18 months | 454 unique videos 1,392 unique images |
Offender pleaded guilty to possession and distributing child pornography. He was discovered by an undercover officer online in a chat room. Materials depicted children between infants and 14 year olds. Offender was 21 years old at the time. He was cooperative with police, lived with family and had no record. | |
R v Yau 2011 ONSC 1009 (CanLII) |
ON | SC | 7 months | uncertain | Offender was convicted at trial and maintained innocence. 479 images introduced at trial, most were nudes, some anime. Evidence suggested he only possessed files for a short period of time. Ordered a 161 order for 5 years. 90 days pre-trial credit was granted. |
R v Dumais, [2011] O.J. No. 116, 2011 ONSC 276 (CanLII) |
ON | Poss'n (9 months) | 170 images 44 videos |
Offender lost his job as a grade school teacher, was remorseful, and early guilty plea. He was cooperative with police and attended counselling while out on bail. Psychiatric report stated he was not a pedophile and was low risk. He had no prior record and had the support of family. | |
R v Lamb, 2011 BCSC 349 (CanLII) |
BC | SC | Poss'n (45 days) | 6 videos, 2 images, and 20 texts | The offender pleaded guilty to possession of child pornography. |
R v Grimsdale, 2011 ABPC 51 (CanLII) |
AB | PC | 2,600 images | 260 of the images show sexual assaults | |
R v Somogyi, 2011 ONSC 483 (CanLII) | ON | SC | 31 days | The offender was found guilty of luring (x 3) and possession of child pornography. see Child Luring (Sentencing Cases) | |
R v Pinsky, 2011 SKPC 111 (CanLII) |
SK | PC | Poss'n (12 months) | 5,036 images | 69,000 image and video files total, 5036 confirmed CP. Offender was 27 years old with no record. He was attending law school. Materials were found on two USB drives. Depictions included infants and depicted bondage, torture, and bestiality. Offender was collecting while awaiting trial on similar matters. |
R v Girard, 2011 QCCQ 9388 (CanLII) |
QC | SC | 60 months after remand (global) | 7 million | Offender convicted of distributing, making, possessing and accessing child pornography. He had previous conviction from 1996 for sexual offences against children. Judge made a Long Term Offender Order. |
R v McAdorey, 2011 ONCJ 540(*no CanLII links) |
ON | PC | 2 years (global) | 93 movies 13,000+ images |
Offender plead guilty to possession and accessing of child pornography. Offender had a prior conviction for child pornography. He was 42 years of age and lived with his parents at the time. He was diagnosed with pedophilia. Credit given for 184 days for pre-trial custody. |
R v St. Michael, 2011 ONSC 449 (CanLII) |
ON | SC | making (4 years) 3 years (interference and exploitation) |
see Making Child Pornography Case Digests for summary | |
R v Lynch-Staunton, 2011 ONSC 218 (CanLII) |
ON | SC | 5 years | 2097 images, 1763 texts, 574 videos | Offneder pleaded guilty to possession and distribution of child pornography. He was found to have been sharing materials over 4 months. Materials were found on 21 devcies and amounted to 12.1 gigabytes of child pornography. Offender was aged 56, with no prior record. he Had been collecting for over 10+ years. He had no remorse or insight into his conduct and was not willing to participate in treatment. |
R v D. (M.D.) 2011 NWTTC 20 (CanLII) |
NWT | PC | 1 year (poss'n) 3 month (voyeurism) |
1,888 unique images | Offender plead guilty to one count of possession and one count of voyeurism. He was 50 years old with no record. Materials depicted intercourse and bondage. Police found 1,000 child pornography and incest stories. Offender had made secret video of two young girls going to washroom. |
R v Ryan, 2011 ONCJ 342 (CanLII) |
ON | PC | 16 months (making avail) 2 months (poss'n) |
Offender pleaded guilty to possession and making available. Police discovered him through peer-to-peer filesharing networks. Materials were found on his computer and included depictions of anal intercourse and oral sex, bondage and ejaculation on a child. The offender was 25 years old and had no record. Probation (3 years), SOIRA (life), and 161 Order (20 years) was ordered. | |
R v Johnston, 2011 NLCA 56 (CanLII) |
NL | CA | Poss'n (10 months) | 20 videos | Offender was a 72 year old, retired staff Sargent of RCMP; appealed from 15 months. Materials depicted children engaging in sexual activities including oral sexual sexual intercourse. Offender was cooperative and remorseful. Section 161 order was not necessary. |
R v Brunton, 2011 ONSC 285 (CanLII) | ON | SC | 6 months | The offender pleaded guilty to possession of child pornography. | |
R v Tackaberry, 2011 ONSC 5245 (CanLII) |
ON | SC | 2 years (joint recommendation) | 150 images, 2 videos | Offender pleaded guilty to two counts of possession. Images and videos were found on his computer and a thumb drive. Offender was diagnosed as a pedophile and was sexually abused as a child. He was open to treatment. He was 31 years old at the time and had a record including sexual assault on children and one conviction for possession of child pornography. Found to be a long term offender. |
R v Oakey, 2011 ONCJ 404 (CanLII) |
ON | PC | Poss'n (2 months) 7 months (making available) |
894 images 1 video | Offender plead guilty to possession and making available. Judge considered his collection to be small. Most files were deleted. Some materials decpited vidoence, bondage, torture, and bestiality of children ranging from infants to 16 years old. Offender was a 51 year old book editor with no record. He was remorseful, undergoing counselling, with a low chance of suffering from pedophilia and low chance to re-offend. He also suffered from diabetes. |
R v M.G., 2011 NBPC 10 (CanLII) |
NB | PC | Global (15 years) | over 11 years duration, also charged with making and distribution | |
R v Tootoosis, 2010 ABQB 574 (CanLII) |
AB | SC | 18 months (poss'n) 45 days (access) |
24,569 images stored of which 4229 were unique images; 7 videos | The offender was found guilty of possession and accessing child pornography. He pleaded guilty to careless storage of a firearm. He had 24,569 images of child pornography on his computer. The accused was 52 years-old and a diagnosed pedophile with a moderate-high risk of re-offence. He had a prior related conviction from 1980. He was sentenced to 18 months for possession of the collection and 45 days for accessing a single website. |
R v Bejasa, 2010 ABPC 249 (CanLII) |
AB | PC | Poss'n (2.5 months + P) access (2.5 months + P) 5 month (global) |
< 100 images and videos | Offender pleaded guilty to possession and accessing. Materials depicted intercourse between adult males and young boys, included some violence. Offender was 34 years old and was unemployed, living with his sister. Section 161 order was imposed. |
R v H.T., 2010 MBPC 8 (CanLII) |
MB | PC | Poss'n (90 days) | 1297 pics 185 vids | Offender pleaded guilty to possession and distribution of child pornography. The offence occurred over 5 years where he obtained child pornography through peer-to-peer file sharing as well as through paid access. The materials depicted females of ages of 8 and up. Some were of infant and toddlers. The materials depicted posing as well as intercourse. The offender was 72 years old with no record. He lost his marriage and relationship with his children as a result of the arrest. He was remorseful. He undertook counselling. |
R v Miller, 2010 ONCJ 368 (CanLII) |
ON | PC | 2 years (global) | Offender pleaded guilty to possession of child pornography and luring. | |
R v Hopps, 2010 BCSC 1875 (CanLII) |
BC | SC | 2 years | The offender was found guilty of possession and accessing child pornography. | |
R v Sanders 2010 ONCJ 365(*no CanLII links) |
ON | PC | 1 year (joint recommendation) | 4,108 images and 705 videos | Offender pleaded guilty to possession of child pornography. Materials depicted intercourse between children and adults, bestiality and violence. Some children were toddlers. The 40-year-old offender had no record. He lost his marriage as a result. He was remorseful and willing to undergo treatment. He reported being molested a child. |
R v McArthur, 2010 ABPC 231 (CanLII) |
AB | PC | Poss'n (2 years) Distrib (2 years) |
50,000 images, ,2500 videos | The offender pleaded guilty to possession (x2) and distribution of child pornography. He was found on an internet chat room and sent an undercover officer images of child pornography. |
R v Bouchard, 2010 QCCQ 10370 (CanLII) |
QC | PC | 4 months | 1,426 images, 396 videos | The offender pleaded guilty to possession of child pornography. He was discovered during a search of a German server that was sharing child pornography. Records indicated he had accessed the server. A search of his residence revealed child pornography on his laptop and storage media. |
R v Bock, 2010 ONSC 3117 (CanLII) |
ON | SC | 2 years, 9 months | ... | see Distribution Case Digests |
R v Bauer, 2010 ONCA 331 (CanLII) |
ON | CA | 1 year (poss'n) 19 months (access) |
Offender pleaded guilty to two counts possession, one count accessing, and two counts of breach of recognizance. | |
R v Butler, 2011 NLTD 5 (CanLII) |
NL | SC | 18 months (poss'n) 15 months (making) 3 months (careless) |
see Making child pornography digests for summary | |
R v Hilderman, 2010 ABPC 183 (CanLII) |
AB | PC | Global (2.5 years) | 1,900 images, 23 texts, 540 videos | two counts of possession; one count of making available; 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 Dean [2010] OJ No 5305(*no CanLII links) |
ON | 3 years | 1061 videos and 288,742 images (30,764 unique) | materials depicted intercourse with young children between 2 and 13, including bondage. He was discovered entering Canada. He rationalized his offence and no understanding of his actions. | |
R v Cuttell, 2010 ONCJ 139 (CanLII) |
ON | PC | 18 months | 1346 images and 10 videos | two counts of making CP available to others through P2P network--materials depict anal nad vaginal penetration of children, bondage, group sex--youngest was aged 3--offender was 67 with no record--had limited mobility |
R v Brignolio, 2010 ONSC 4361 (CanLII) |
ON | SC | Poss'n (12 months) | 114 unique images and 1,408 unique videos | Offender pleaded guilty to one count possession of child pornography. He a retired 68 year old widower with diabetes and no criminal record. Materials depicted sex acts between adults and children including oral, anal, and vaginal sex. |
R v Pereyra, 2010 ONCJ 481 (CanLII) |
ON | PC | 4 months | 110 images, 5 videos | The offender pleaded guilty to possession of child pornography. Of the images found, only 21 were accessible and of the videos, only 2 were accessible. The materials showed intercourse and oral sex. The offender was 35 years of age and was an immigrant from Uruguay. He was remorseful. He had a alcohol and drug addiction. Judge rejected a joint recommendation for 60 days imprisonment. Probation for 3 years was ordered. |
R v Ashkewe, 2010 ONSC 6723 (CanLII) |
ON | SC | 8 months | 31 images and 33 videos | Offender was convicted of possession of child pornography. He used a rental computer to download child pornography, which was discovered upon return. Materials were on the "low end" of depravity, but included oral and vaginal sex with toddler. The offender was 40 years old and was abused as a child. As a result of charges he lost his job as a school bus driver. |
R v Duff 2010 ONCJ 493 (CanLII), 2010 OJ No 4613 (ONCJ) |
ON | PC | 9 months | 8000 files | The offender pleaded guilty to two counts of possession of child pornography. He had 12 CD of child pornography. Files depicted ages ranging from infants to teens. Also included depiction of intercourse between an adult and an infant. Materials had been on the computer for 3 years. The offender was 51 years old and good employment history. He had no record. The arrest resulted in losing his marriage. He was remorseful and sought counselling. |
R v Brooks, 2010 MBPC 61 (CanLII) |
MB | PC | 10 months | 4 images, 6 videos | taking CP across border from US |
R v St-Gelais, 2010 QCCQ 9642 (CanLII) |
QC | 45 days | 1,363 images | The offender pleaded guilty to accessing child pornography. All except 50 images were deleted. Materials were collected over 2 years. Probation for 2 years, a SOIRA Order for 10 years, and a s 161 order for 5 years were made. | |
R v Brandridge, 2010 ONCJ 450 (CanLII) |
ON | PC | 3 years (making and poss'n) 2 years (making) 5 years (global) |
35,000 images, 485 videos | see Making Child Pornography Digests for summary |
R v W.E., 2010 NLCA 4 (CanLII) |
NL | CA | 20 months | "large number" of videos and images | no prior record |
R v Durocher, 2010 ONCJ 66 (CanLII) |
ON | PC | 1 day | The offender pleaded guilty to possession (x2) of child pornorgraphy. | |
R v Proulx, 2010 MBQB 58 (CanLII) |
MB | SC | 8 months | 2,466 pics and some videos | 3 years probation; images of Mission categories 1 to 4; collected for over a 2 years; disagnosed with pedophilia; remorseful and had good insight; low risk of reoffending if treated; no prior criminal record; summary conviction; Crown sought 12 months. Subjects of imagery were females ranged from 3 year to 15 years of age. Evidence suggested he would look at the materials for up to 4 hours in a day. He kept the materials in "meticulous" order. Overturned sentence of 90 days (2009 MBPC 13) |
R v Tinkler, 2010 ONCJ 249 (CanLII) |
ON | PC | 20 months (distrib) 6 months (poss'n) |
342 images, 2 videos | The offender pleaded guilty to possession and distribution of child pornography. He was found in chatrooms engaging in trading of materials. The offender was a 67 years old retired professor. |
R v Mathieson, 2010 ONCJ 616 (CanLII) |
ON | PC | Poss'n (16 months) making (12 months) |
1,774 pictures | see Making Child Pornography Digests for summary |
2005 to 2009
Case Name | Prv | Crt | Sentence | Amount | Summary |
---|---|---|---|---|---|
R v J.J.H., 2009 CanLII 68164 (NL PC) |
NL | PC | 3 years | The offender pleaded guilty to possession of child pornography and sexual assault. | |
R v Vasic, 2009 CanLII 23884 (ON SC) |
ON | SC | 19 months | 119 videos, 494 images | Offender sentenced for possession, making available child pornography as well as several weapons offences. Materials depicted violence and explicit sexual activity. Offender was 19 years old and worked in car sales. He had no record. Lost his job due to charges. Probation (3 years) SOIRA (10 years) ordered. Was assaulted while in custody. |
R v Blatchley, 2009 ONCJ 404(*no CanLII links) |
ON | PC | 3 years | ||
R v Fagan, 2009 CanLII 32261 (ON SC) | ON | SC | 1 year | The offender was found guilty of assault and possession of child pornography. | |
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 graphic in nature |
R v W.A.E., 2009 CanLII 42861 (NLPC) |
NL | PC | 5 years | 476,704 pictures; 47,544 videos | |
R v Carrigan, 2009 ABPC 228 (CanLII) |
AB | PC | |||
R v Fortin, 2009 QCCQ 6942 (CanLII) |
QC | ?? | 90 days | The offender pleaded guilty to possession of child pornography, luring, invitation to sexual touching, and interference. | |
R v Cafferata, 2009 YKTC 95 (CanLII) |
YK | PC | 6 months | 17,000 images | |
R v Hammond, 2009 ABCA 415 (CanLII) |
AB | CA | 1 year | The offender pleaded guilty to accessing of child pornography. He downloaded child pornography onto his sister's computer over two years. Probation for 3 years ordered. | |
R v Hammond, 2009 ABPC 153 (CanLII) aff'd 2013 BCSC 439 (CanLII) |
AB | PC | 90 days | 106 unique videos and 456 pics | images and videos highly graphic |
R v Bowers, 2013 BCPC 383 (CanLII) |
BC | PC | 9 months and probation | {{{6}}} | |
R v Dolovich, 2009 MBPC 17 (CanLII) |
MB | PC | 2 years less a day CSO (joint recommendation) | 547 files, including 35 videos | Offender pleaded guilty to possession and distribution of child pornography. Offender was 38 years old and was employed as a lawyer. He was remorseful and showed insight. Risk to re-offend was low. |
R v Nowazek, 2009 YKTC 51 (CanLII) |
YK | PC | 24 months | thousands of pics and vids | 1,000 photo images and video clips on his computer’s hard drive, as well as thousands of video clips and still shots on 40 computer disks; history of sexual offending against children and was a high risk to reoffend |
R v Crone, 2009 BCPC 429 (CanLII) |
BC | PC | 4 months and probation | {{{6}}} | |
R v Johannson, 2009 SKQB 12 (CanLII) |
SK | SC | Poss'n(45 days) making avail. (12 months) |
26 videos and 20 images | Offender pleaded guilty to 3 counts possession, found guilty at trial of two counts of making available. The images were of boys aged 10 to 15--offender age 26, attending university, no record. Probation (3 years), SOIRA (20 years) Ordered. |
R v C.W.F., 2009 BCPC 85 (CanLII) |
BC | PC | Poss'n (9 months + P) | 4 vids | guilty plea to poss’n; age 31; poss’n over two weeks; 4 videos, very serious in nature; prior record for sex assault of child from 12 years earlier; diagnosed with pedophilia; moderate to high risk to reoffend |
R v Proulx, 2009 MBPC 13 (CanLII) | MB | PC | 90 days | The offender pleaded guilty to possession of child pornography. | |
R c Turcotte, 2009 QCCQ 4531 (CanLII) |
QC | ?? | 6 months | The offender pleaded guilty to possession of child pornography, invitation to sexual touching, kidnapping, confinement and interference. | |
R v Gardiner, 2009 BCPC 358 (CanLII) |
BC | PC | 9 months (distrib) 3 months (poss'n) |
The offender pleaded guilty to distributing and possession of child pornography. He was a 62 year old school psychologist and teacher. Probation for 3 months ordered. | |
R v Johnson, 2009 ABCA 74 (CanLII) |
AB | CA | 15 months | 260 images, 24 videos | |
R v Johansen, 2009 ONCJ 305 (CanLII) |
ON | PC | 8 months (poss'n) 15 months (making avail) |
95 images, 145 videos | |
R v Sayre, 2009 NBQB 232 (CanLII) |
NB | SC | 4 months | approximately 25 images | Offender convicted of possession of child pornography. He was found to possess images of intercourse and nudity. Reported downloaded over many years for educational purposes only. He stored them on CDs. Shown to be of good character by reference letters. Offender was 50 years old and employed as a mechanical engineer. He had 2 months credit on remand. Probation (3 years) and SOIRA (10 years) ordered. |
R v Ribout, 2009 ONCJ 334 (CanLII) |
ON | PC | 6 months | 9,789 images, 905 videos | Offender convicted of possession and accessing child pornography. Offender was employed as a personal care worker for the disabled. He was 32 years old and suffered from depression. He was remorseful and received some treatment. Probation (2 years) was ordered. |
R v W.D., 2008 ABPC 290 (CanLII) |
AB | PC | 3 months | see Making Child Pornography Digests for summary | |
R v D.C. and M.G., 2009 NBCA 59 (CanLII) |
NB | CA | 12 months | also charged making and distribution, joint recommendation, otherwise judge would have gone higher. | |
R v Smith, [2008] OJ No 4558 (ONSC), 2008 CanLII 59107 (ON SC) |
ON | SC | 21 months (global) 20 months (avail) 12 months (poss'n) |
837 pictures, 147 videos, stories | Offender was convicted of making available and possession of child pornography. He was found using peer-to-peer software to download and share files online. Materials depicted intercourse with children, some very young. The offender was 43 years old and lost his job as an actor due to media attention. Assessment reported he was not a pedophile, however, was not forthcoming with doctor. Probation (3 years) and SOIRA (10 years) Ordered. |
R v Lazore, 2008 ONCJ 578 (CanLII) |
ON | PC | 6 months | The offender pleaded guilty to possession of child pornography. | |
R v Decker, 2008 NSPC 43 (CanLII) |
NS | PC | 90 days | 4,910 images including duplication and stories | Offender plead guilty to possession. He possessed a computer and CDs with images of erotic posing and sexual activity of children. He was 46 years old and the primary caregiver for his disabled mother. |
R v Meikle, 2008 ONCJ 441 (CanLII) |
ON | PC | 3 months | The offender pleaded guilty to possession of child pornography and counselling sexual assault. | |
R v Schneider, 2008 ONCJ 250 (CanLII) |
ON | PC | 6 months | 689 video clips | of videos, 109 were accessible and 85 were unique; prior record of making C.P. |
R v Aylesworth, 2008 ONCJ 68 (CanLII) |
ON | PC | S/S | 1,000+ images | accomplished violinist, undergone therapy |
R v Remtulla, 2008 ONCJ 743 | ON | PC | 2 years less a day (joint recommendation) | 2,943 images, 51 videos | Offender was a 40 year old immigrant to Canada. He was remorseful. |
R v C.P., 2008 NBCA 77 (CanLII) |
NB | CA | 22 months | hundreds of videos and images | included images of his own daughters |
R v Kostas, 2008 ONCJ 224 (CanLII) |
ON | PC | 90 days + P | 50 videos and over 100 images | Offender pleaded guilty to possession of child pornography. Offender was 18 years old who admitted to being a pedophile. He admitted collecting for over 2 years. No prior record. Videos were of extreme abuse. Offender was remorseful and appreciated seriousness of offence. Crown sought 6 months; defence sought 90 days. Per Hearn J. |
R v Alcorn, 2008 ONCJ 547 (CanLII) |
ON | PC | 16 months (global) 14 months (avail) 2 months (poss'n) |
437 images | Offender pleaded guilty to possession and making available child pornography. Materials depicted children aged 5 to 12 years old engaged in sex acts including intercourse. Some of the materials were stored on CDs. Offender was 19 years old, unemployed, living with his parents, and had limited high school education. Files were downloaded and shared through the use of peer-to-peer software. |
R v Gauthier, 2008 QCCQ 13562 (CanLII) | QC | ?? | 2 years | The offender pleaded guilty to possession and accessing child pornography. | |
R v L.W., 2008 BCPC 281 (CanLII) |
BC | PC | Poss'n (60 days) | 26,000 pics | 37 years old |
R v Gauthier, 2008 ABCA 39 (CanLII) |
AB | CA | 1 year | 2,000 pics 100 vids |
Unrelated criminal record |
R v Pommer, 2008 BCSC 737 (CanLII) |
BC | SC | 9 months CSO | 56 images | Offender pleaded guilty to possession and access. His step-daughter discovered a hidden camera filming her in bed. Police discovered hundreds of images of step-daughter partially nude on his computer as well as records showing accessing 113 child pornographic websites daily for 4 years. Offender was 39 years old and remorseful. Offence date pre-dates 2005 amendments. |
R v Johnson, 2008 SKQB 244 (CanLII) |
SK | SC | 3 months (possession) 9 months (sexual services) |
Offender pleaded guilty to possession and obtaining sexual services of a minor. He met a 14 year old male who he offered a job at a gas station. There was an exchange of sex for money several times between ages of 14 and 17. Conduct included masturbation, oral sex and anal intercourse. Several events were video recorded. Offender was 56 years old and had a record for invitation to sexual touching. Probation (3 years) ordered. | |
R v Graham, 2008 BCPC 59 (CanLII) |
BC | PC | 1 year | 10,000 images | 3 years probation; age 32; guilty plea; 10,000 images depicting sexual activity; assessment indicated no shame or remorse; diagnosed with paedophilia and personality disorder; addicted to crystal meth;. high risk to reoffend; no record |
R v Graham, 2008 BCPC 59 (CanLII) | BC | PC | 1 year | The offender pleaded guilty to accessing and possession of child pornography. | |
R v V.H., 2008 YKTC 21 (CanLII) |
YK | PC | 12 months | The offender pleaded guilty to possession. | |
R v Bryant, 2008 ABCA 203 (CanLII) |
AB | CA | 14 months | The offender pleaded guilty to accessing child pornography. | |
Sonshine c. R., 2008 QCCS 1208 (CanLII) |
QC | SC | 3 months CSO | The offender pleaded guilty to possession of child pornography. | |
R v Medina, 2007 QCCA 1395 (CanLII), 2007 QCCA 1396 (CanLII) |
QC | CA | 12 months | 8,677 images, 2,300 videos | The offender was convicted of importing and possessing child pornography. He was from the US, passing through Quebec when he was searched. He possessed a USB and CD disc containing child pornography. |
R v Roy, 2007 QCCQ 857 (CanLII) |
QC | ?? | 16 months | The offender pleaded guilty to accessing and possession of child pornography. | |
R c S.G., 2007 QCCQ 391 (CanLII) |
QC | ?? | suspended | The offender was found guilty of possession of child pornography. | |
R v Vessey, 2007 SKPC 94 (CanLII) |
SP | PC | 18 months CSO | The offender pleaded guilty to possession of child pornography. | |
R v Kwok, [2007] O.J. No. 457 (Ont. SCJ), 2007 CanLII 2942 (ONSC) |
ON | SC | 1 year | 29 years of age; had been accessing child pornography for over 13 years. Regularly communicated with other pedophiles over internet; 2000 photos and 60 video clips | |
R v J.J.B.B., 2007 BCPC 426 (CanLII) | BC | PC | 3.5 years | The offender pleaded guitly to possession of child pornography, inciting bestiality and sexual interference. | |
R v Gurr, 2007 BCSC 1586 (CanLII) |
BC | SC | 3 months | The offender was found guilty of child luring and possession of child pornography. | |
R v Dienaar, 2007 CanLII 19612 (ON SC) |
ON | SC | 9 months CSO | 1,000+ | Offender pleaded guilty to possession. Materials were found on his computer hard drive, included depictions of intercourse with children. Conduct occurred over 20 months. He was living with his girlfriend and three young children at the time. He was arrested while on bail for violating contact with children and possessing pornography. Offender was 48 years old and employed as an accountant. He suffered from depression. He was remorseful and unlikely to re-offend. |
R v Ewing [2007] OJ. No 1710 (ONCJ) |
ON | PC | 12 months (poss'n) 12 months (making avail) |
huge collection including 269 videos for total of 15 hours | collection included videos of bondage, bestiality, and torture. |
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--“staggering 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 Fisher, 2007 NBPC 15 (CanLII) |
NB | PC | Poss'n (8 months) | ||
R v D.B., 2007 ONCA 157 (CanLII) |
ON | CA | 2 years less a day | The offender was convicted of sexual assault, interference and possession of child pornography. | |
R v Strohmeier, 2007 ONCJ 141 (CanLII) |
ON | PC | 18 months | 30,000 pics 378 vids | judge went above crown sentence of 12 months; well organized collection; age 48 |
R v Lehman, 2007 ONCJ 18 (CanLII) |
ON | PC | Poss'n (90 days) | 10 videos | membership with a CP website |
R v Warn, 2007 O.J. No. 3581 (Ont. C.J.) |
ON | PC | 15 months | 25 years old, no record; distribution and possession; over 15,000 photos and 50 videos; positive evidence from psychotherapist | |
R v C.W.F., 2006 BCPC 545 (CanLII) |
BC | PC | Poss'n (10 days) | 15,000+ images | |
R v Tait, 2006 BCPC 595 |
BC | PC | 6 month CSO | The offender pleaded guilty to possession of child pornography. | |
R v A.B., 2006 CanLII 31608 (ON SC) |
ON | SC | 3 months | The offender was convicted of possession of child pornography and sexual exploitation. He was acquitted of sexual assault. | |
R v Shelton, 2006 ABCA 190 (CanLII) |
AB | CA | 15 months | also charged with distribution; downloading since age of 14; collection found was amassed over more than 2 years; sophisticated, organized collection; large volume of images; images of children between 6 and 8; images depict sexual intercourse; appeal of CSO; sexual compulsivity was reportedly high--age 20-22 at time--visited CP websites 3,915 times and downloaded/uploaded 75,000 times | |
R v Lentzen, 2006 ABPC 283 (CanLII), A.J. No. 1728 (Alta. P.C.) |
AB | PC | 6 months | 8,800 videos, pics and stories | collected for over two years; found items that were possibly used to create videos; assessed as a low-risk to re-offend; had account on CP website, methodical in sorting |
R v Neilly, 2006 CarswellOnt 2396 (Ont. C.A.) |
ON | CA | Poss'n (1 year) | also charged with distribution | |
R v McCrindle, 2006 ABPC 105 (CanLII) |
AB | PC | Poss'n (1 day) | 229 images | 8 months remand credit |
R v T.L.B., 2006 ABQB 533 (CanLII) |
AB | SC | 2 years less a day CSO | 80 images | accused is female with Cerebral Paulsey. Has child who had seen some of the images. |
R v Von Gunten, 2006 QCCA 286 (CanLII) |
QC | CA | 12 months CSO | 30,000 to 40,000 files | The offender was convicted of possession of child pornography. Crown appealed sentence. |
R v Peterson, 2006 ABPC 177 (CanLII) |
AB | PC | 90 days | 3800 images | also charged with accessing, sought counselling |
R v Austin, 2006 BCJ No. 3430 (B.C. Prov.Crt.) |
BC | PC | Suspended Sentence | 60 years; was employed with district teacher’s association; no pictures, only stories found; collected over 4 years; | |
R v Moen, 2006 SKPC 1 (CanLII) |
SK | PC | Poss'n (30 days) | 473 videos | videos ranging from 3 seconds to 1.5 hours; depicts children age 4 to 14 in sexual acts |
R v Jakobsen, 2006 BCSC 379 (CanLII) |
BC | SC | Pos'n (6 months) | ||
R v Tylek, 2006 ABPC 85 (CanLII) |
AB | PC | Access (13 month CSO) | 850 images | also accessed paid CP websites |
R c É.C., 2006 QCCQ 6902 (CanLII) | QC | ?? | 9 months CSO | 1,272 images, 358 videos | The offender pleaded guilty to possession of child pornography. |
R v Lentzen, 2006 ABPC 283 (CanLII) |
AB | PC | 6 months | 8,800 files | The offender pleaded guilty to possession of child pornography. |
R v Bennett, 2006 O.J. No. 29, 2006 ONCJ 3 |
ON | Poss'n (90 days) | 11,000 images of CP | Offender purchased CP from websites 10 times. 24 years old, no record; supportive family; psychiatric finding that the accused was a pedophile. Total of 37,000 images of CP mixed with child erotica. More than half depicted sexually explicit activity. Some images were "extremely disturbing" (para 6). | |
R v Sabando, 2005 BCPC 464 (CanLII) |
BC | PC | Poss'n (1 day) | deported back to Philippines | |
R v Harvey, [2004] O.J. No. 1389 |
ON | PC | 1 year (luring) 30 days (poss'n) |
The offender pleaded guilty to possession of child pornography and luring. | |
R v Dixon, 2005 CMAC 2 |
CAN | CA | 7 days | 7 images, 3 videos | The offender was found guilty of possession of child pornography. |
R c Landreville, 2005 CanLII 60182 (QC CQ) |
QC | ?? | The offender pleaded guilty to breach of probation and possession of child pornography. | ||
R v Mallett, 2005 CanLII 32927 (ON SC) |
ON | SC | Poss'n (1 year CSO) | 5,000+ images | Offender spent 1.5 years on pre-trial house arrest. Guilty plea. Diagnosed as being a pedophile with a low-to-moderate risk of hands-on offending. He had made 14 purchases of child pornography online. |
R v Hildebrandt, 2005 SKPC 35 |
SK | PC | 1 year CSO | The offender pleaded guilty to possession of child pornography. | |
R v Missions, 2005 NSCA 82 (CanLII) |
NS | CA | Poss'n (12 months) | 63 images | |
R v L.A.C., 2005 ABPC 217, 386 A.R. 102 | AB | PC | 10 months | The offender pleaded guilty to sexual assault and possession of child pornography. | |
R v R.N., 2005 NSJ No. 403 |
NS | Poss'n (2 years) | also charged with making and sexual assault | ||
R v Lea, 2005 O.J. No. 2665 (Ont.C.A.), 2005 CanLII 22451 (ON CA) |
ON | CA | Poss'n (6 months) | over 10,000 images | 53 years, no record; depression; guilty plea; |
R v Harlos, 2005 ABPC 118 (CanLII) |
AB | PC | Poss'n (8 months) | 3162 images 763 videos | collecting for months |
R v Lonergan, 2005 CarswellAlta 120, (Alta. Prov. Ct.) |
AB | PC | Poss'n (8 months) | The offender pleaded guilty to possession of child pornography. The materials depicted males and females between the ages of eight and 13 years old. He attempted to minimize the seriousness of the offence and showed no insight into the harm caused by the offence. He had not engaged in any serious attempts at counseling. The offender was 39 years old with no criminal record. Two years probation was ordered. The judge rejected a joint recommendation for a CSO. | |
R v Paton 2005 NUCJ 7 |
NU | PC | 6 months conditional sentence | 2000 images | The offender pleaded guilty to possession of child pornography and sexual assault. Materials were found on is laptop. It depicted children between the ages of six and 14 years old, including the depiction of sexual intercourse. One video depicting the accused giving alcohol to a victim until she passed out and then had oral and vaginal sex with her. Offender was 34 years old and part aboriginal. He had a history of substance abuse. |
R v G.H.K., 2005 BCPC 618 |
BC | PC | 14 month CSO | ||
R v Craig, 2005 ONCJ 47 (CanLII) |
ON | PC | 1 year CSO | 2,000 images | The offender pleaded guilty to possession of child pornography. |
1995 to 2004
Case Name | Prv | Crt | Sentence | Amount | Summary |
---|---|---|---|---|---|
R v Zinck, 2004 CanLII 30562 (MB PC) |
MB | PC | suspended | The offender pleaded guilty to possession of child pornography. He was 41 years-old with no record. He was single. | |
R v C (J.H.) 2004 BCPC 295 |
BC | PC | 1 year | The offender pleaded guilty to possession of child pornography and sexual assault (x 2).He was 63 years-old and was in poor health. | |
R v B.(J.J.) 2004 BCPC 7 (CanLII) |
BC | PC | suspended | The offender pleaded guilty to possession of child pornography. He was 18 years-old and mentally disabled. | |
R v Batshaw, 2004 M.J. No. 249 (MBCA) |
MB | CA | 15 months CSO | 80 to 100 images | age 22; no record;; low risk to reoffend; appealed discharge order, 2003 CanLII 46646 (MB PC). |
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 R v Missions | |
R v Starr, 2004 NBQB 296 |
NB | SC | 6 months (poss'n) | 18 images, 2 videos | The offender pleaded guilty to possession of child pornography. He also had 900 files of adult pornography. One video depicted a young female engaged in oral sex with an adult male. The offender was 35 years old with no record. He was married and had a solid employment history. He suffered from depression.The presentence report included a denial of responsibility and claim that he downloaded the materials as part of a research project to protect children. Three years probation was ordered. |
R v Kim, 2004 CanLII 32118 (ON CA), (2004), 181 O.A.C. 88 |
ON | CA | Poss'n (9 month CSO) | large collection | Offender pleaded guilty to possession and distribution. He was engaging in sharing of child pornography through peer-to-peer networks. Border-line unsuccessful crown appeal. |
R v G., 2004 NSCA 7 (CanLII) |
NS | CA | Making (2 years) Global (2 years) |
see Making Child Pornography Digests for summary | |
R v Jiggins, 2003 ABPC 75 (CanLII) |
AB | PC | 13 months CSO | The offender pleaded guilty to possession of child pornography. He was 27 years-old. | |
R v Green, [2003] O.J. No. 1314 |
ON | PC | 1 year CSO | The offender pleaded guilty to possession. There was a joint recommendation. | |
R v W.C. [2004] O.J. No 5985 |
ON | SC | 3 months | ||
R v McCrady, 2003 ABPC 69 (CanLII) |
AB | PC | 1 year (poss'n) |
The offender pleaded guilty to possession of child pornography and sexual assault. | |
R v Geller, [2003] O.J. No. 357 (Ont. S.C) |
ON | SC | discharge | The offender pleaded guilty to possession of child pornography and mischief to data. | |
R v Woroby, 2003 MBCA 41 (CanLII) |
MB | CA | fine and probation | ||
R v North, 2002 ABCA 134 (CanLII) |
AB | CA | Poss'n (12 months CSO + P) | 2,000 pics | pictures shared on a computer; overturned fine & probation. Offender had an extensive collection. No prior record. |
R v Jordan, 2002 ABPC 114 |
AB | PC | 3 months CSO | The offender pleaded guilty to possession. | |
R v Hewlett (J.J.), 2002 ABCA 179 (CanLII) |
AB | CA | Global (3.5 years) | The offender set up pornographic website and hired 3 underage teens | |
R v Schan, 2002 CarswellOnt 511, 2002 CanLII 41613 (ON CA) |
ON | CA | 18 months CSO | ||
R v Clinch, 2002 CarswellMan 366, 2002 CanLII 8935 (MB PC) |
MB | PC | Poss'n (9 months CSO) | prior related record; | |
R v Lévesque, 2002 CanLII 41137 (QC CA) |
QC | CA | suspended | The offender pleaded guilty to possession of child pornography and invitation to sexual touching. He was camping with his son when he invited two 10 year-old females to visit. He took photographs of them nude. Probation for 2 years was ordered. | |
R v Jeffrey [2002] OJ 3339 |
ON | poss'n (12 months CSO) | |||
R v Fox [2002] OJ No 3548 |
ON | 16 months (poss'n) | large | collection included 45 videos and 21 CD. Collection was well organized. Some materials were purchased. Lived with a young son. | |
R v Steadman, 2001 ABQB 1004 |
AB | SC | 10 months | The offender pleaded guilty to possession of child pornography. He called an emergency line reporting his sexual temptation for children. He was 27 years-old and was unemployed. He previously had counselling for his sexual interests. | |
R v Tyshkewich (2001) A.J. No. 1345 |
AB | PC | 20 months CSO | 2,500+ files | The offender pleaded guilty to possession of child pornography. He was arrested while masturbating. The materials were graphic. He had previously been warned by police for child pornography. The offender was 32 years-old with an unrelated record. He was diagnosed withe pedophilia. |
R v Cohen, [2001] O.J. No. 1606 (Ont. C.A.) |
ON | CA | poss'n distrib global (14 month CSO) |
Offender had no record. Not a pedophile. He lost his job and was forced to move to different community. | |
R v Pecchiarich, [2001] O.J. No. 3940, (S.C.J.) |
ON | SC | 18 months (poss'n) | The offender pleaded guilty to possession of child pornography. The materials depicted oral, anal, and vaginal sex between adults and children. The offender was 27 years-old and lived with his mother. He had a record for distribution (2 years suspended sentence). He was pedophile. He had 9 months remand credit. | |
R v Patterson, [2000] O.J. No. 736 (Ont.C.J.) |
ON | SC | 90 days CSO | 1,000+ images and video | The offender pleaded guilty to possession. He downloaded the files from the internet. He was 31 years-old with family support and a professional career in accounting. He had no record. Probation was ordered. |
R v Rideout, [1998] A.J. No. 199 (Alta. Prov. Ct.) |
AB | PC | 30 months | 22 images | was on day parole for sexual offences at time. |
R v Stroempl, [1995] O.J. No. 2722 (Ont. C.A.) |
ON | CA | Poss'n (10 months) | 300 pics | age 67 years; no record; sentence of 18 months overturned |
Term | PC | SC | CA | S/S |
Defined | Provincial Court |
Superior Court |
Court of Appeal |
Suspended Sentence |