Possessing and Accessing Child Pornography (Sentencing Cases)

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This page was last substantively updated or reviewed October 2023. (Rev. # 89394)

April 2020 to present

Case Name	Prv	Crt	Sentence	Amount	Summary
R v Mathiesen, 2023 NSSC 314 (CanLII), per Hoskins J	NS	SC			Find summaries of case.
R v Rozell, 2023 ABKB 527 (CanLII), per Michalyshyn J	AB	SC	6 months imprisonment		Find summaries of case.
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)		Find summaries of case.
R v Bellas-Menzie, 2022 ONCJ 444 (CanLII), per West J	ON	PC	6 months		Find summaries of case.
R v Olivetti, 2022 ONCA 142 (CanLII), per curiam	ON	CA	4 years imprisonment (poss'n)	11,000 images 88 videos	Joint recommendation. The offender was 77 years old. Find summaries of case.
R v Snead, 2021 ONSC 7017 (CanLII), per O'Marra J	ON	SC	12 months		Find summaries of case.
R v Martin, 2021 BCPC 195, per Harris J	BC	PC	10 months		Find summaries of case.
R v McCrimmon, 2022 YKCA 1 (CanLII)	YK	CA	20 months		Find summaries of case.
R v Capewell, 2021 BCSC 904 (CanLII)	BC	SC	8 months imprisonment 18 months prob	2,500 images and hundreds of videos	Find summaries of case.
R v Butera, 2021 ONCJ 155 (CanLII), per March J	ON	PC	45 months		Find summaries of case.
R v Cole, 2021 BCSC 293 (CanLII), per Williams J	BC	SC	6 months CSO (poss'n)		Find summaries of case.
R v Doucette, 2021 ONSC 371 (CanLII), per Schreck J	ON	SC	6 months CSO (access x 2)		"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." [Source] Find other summaries.
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." Find other summaries.
R v Hagen, 2021 BCCA 208 (CanLII), per DeWitt-Van Oosten JA	BC	CA	10 months imprisonment, 3 years probation	163.1(4)	hundreds of images and videos
R v Vandermeer, 2021 BCPC 94 (CanLII), per Hewson J	BC	PC	10 months CSO	poss'n	Find summaries of case.
R v Leroux, 2021 QCCQ 202 (CanLII), per Cote J	QC	PC	6 months imprisonment, 2 years probation		Find summaries of case.
R v Cvitko, 2021 ABPC 52 (CanLII), per Saccomani J	AB	PC	6 months imprisonment, 2 years probation		Find summaries of case.
R v Jenkins, 2021 PESC 6 (CanLII), per Cann J	PEI	SC	18 months CSO	poss'n
R v Hawes, 2021 ONCJ 40 (CanLII), per J	ON	PC	8 months CSO		Find summaries of case.
R v Neasloss, 2020 BCPC 161 (CanLII), per Doulis J	BC	PC	8 month CSO	poss'n	Find summaries of case.
R v Jongsma, 2021 ONSC 796 (CanLII), per Ducharme J	ON	SC	12 months CSO	poss'n	Find summaries of case.
R v Bisson, 2020 BCSC 1778 (CanLII), per Weatherill J	BC	SC	18 months CSO	poss'n	Find summaries of case.
R v Sheffield, 2020 BCSC 1807 (CanLII), per Gropper J	BC	SC	8 months imprisonment and 18 months probation		Find summaries of case.
R v Nepon, 2020 MBPC 48 (CanLII), per Devine J	MB	PC	12 months CSO		Find summaries of case.
R v Abel, 2020 QCCS 2849 (CanLII), per Thibeault J	QC	PC	2.5 years		Find summaries of case.
R v BJL, 2021 ABPC 62 (CanLII), per Stirling J	AB	PC	9 months imprisonment 2 years probation	Poss'n	Find summaries of case.
R v HV, 2021 QCCS 837 (CanLII), per L'Apercu J	QC	SC			Find summaries of case.
R v RJH, 2020 BCSC 1070 (CanLII), per Baird J	BC	SC	12 months CSO		Find summaries of case.
R v Neufeld, 2020 ABPC 180 (CanLII), per Yake J	AB	PC	12 months imprisonment (poss'n)		"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) Find other summaries.
R v Petne, 2020 BCPC 200 (CanLII), per Gouge J	BC	PC	1 year	Accessing	Find summaries of case.
R v Krock, 2020 BCSC 1858 (CanLII), per Beames J	BC	SC	9 months imprisonment, 36 months probation		"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) Find other summaries.
R v Humphreys, 2020 BCPC 136 (CanLII), per McKimm J	BC	PC	18 months CSO (poss'n)		Find summaries of case.
R v Kreibom, 2020 BCPC 155 (CanLII), per Whonnock J	BC	PC	10 months imprisonment, 18 months probation		Find summaries of case.

2015 to April 2020 (R v Friesen)

Case Name	Prv	Crt	Sentence	Amount	Summary
R v CH, 2020 BCSC 323 (CanLII), per Forth J	BC	SC			Find summaries of case.
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) Find other summaries.
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."
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.
R v Woolf, 2019 ONCJ 376 (CanLII), per Pringle J	ON	PC	90 days
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."
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.
R v Winsley, 2019 SKQB 218 (CanLII), per MacMillan-Brown J	SK	SC
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."
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. "
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"
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."
R v Mollon, 2019 BCSC 423 (CanLII), per J	BC	SC	6 months imprisonment (poss'n) 15 months imprisonment
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."
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. "
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."
R v Clark, 2018 NSPC 58 (CanLII)	NS	PC			{{{6}}}
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"
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."
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."
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".
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."
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.
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]
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."
R v Campbell, 2017 BCPC 313 (CanLII), per Gaffar J	BC	PC	10 months imprisonment
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"
R v Tulloch, 2017 ABPC 257 (CanLII), per Pharo J	AB	PC	18 months imprisonment
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.
R v Hudec, 2016 SKPC 16 (CanLII), per Kalmakoff J	SK	PC	4.5 years (access) 4.5 years (poss'n)
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."
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.
R v Harrison, 2016 ABPC 112 (CanLII), per Redman J	AB	PC	18 months imprisonment
R v Wang, 2016 ONSC 5610 (CanLII), [2016] OJ No 5582 (SCJ), per Corrick J	ON	SC	9 months imprisonment		"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]
R v Lysenchuk, 2016 ONSC 1009 (CanLII), [2016] OJ No 836 (S.C.J), per Shaw J	ON	SC	9 months imprisonment		"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;"
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 Gryba, 2016 SKQB 123 (CanLII), per Popescul CJ	SK	SC	53 months, less a day
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."
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."
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."
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."
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. "
R v ​Seguin, 2015 NSPC 95 (CanLII), per Hoskins J	NS	PC			{{{6}}}
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.
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.
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.
R v Rotman, 2015 ONCA 663 (CanLII)	ON	CA			4 photos, 2 videos. Prior conviction for CP.

Pre-2015

• Possessing and Accessing Child Pornography (Sentencing Cases) (Pre-2015)

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