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First-time offender receives 12-month conditional sentence for distributing intimate images of former girlfriend.
The offender pleaded guilty to possession of child pornography after distributing intimate images of his 16-year-old former girlfriend to her mother and a hockey team administrator out of spite.
The Crown sought 18 months of custody, while the defence requested a conditional sentence.
The court imposed a 12-month conditional sentence followed by 12 months of probation, noting the offender's youth, lack of prior record, remorse, and the situational nature of the offence.
The Crown's request for a section 161 prohibition order was denied as there was no evidence the offender posed a general risk to children.
The accused was found guilty of impaired care or control and refusing a breath sample.
The accused was charged with impaired care or control of a motor vehicle and failure or refusal to provide a breath sample.
The Crown's evidence established that the accused was found intoxicated in the driver's seat of his vehicle, which was stuck in a snowbank at a bar parking lot.
The accused's defence relied on alleged cognitive impairment from a beating he received the previous day in New Liskeard.
The court rejected the accused's credibility, finding his selective memory and lack of corroborating evidence problematic.
The court found the accused guilty on both charges, determining that he had failed to rebut the presumption of impaired care or control and that his refusal to provide a breath sample was deliberate and intentional.
