Claire Sweeny

The 67-year-old first-time offender pleaded guilty to possession of child sexual abuse and exploitation material (CSAEM).

The police found 10 images and 23 videos of CSAEM on his devices.

Applying the child-centred approach from Friesen and the framework from Pike, the court weighed the aggravating factors, including the depiction of real children and the dissemination of material, against significant mitigating factors, such as the offender's age, lack of criminal record, genuine remorse, and low risk of reoffending.

The court concluded that an 18-month conditional sentence of imprisonment, followed by two years of probation, would adequately address the primary sentencing objectives of denunciation and deterrence.

The accused was tried on an indictment for sexual assault arising from an allegation by a former intimate partner with whom he shared a child and residence after separation.

Applying the W.(D.) framework, the court found material inconsistencies in the complainant’s account concerning the manner in which the assault allegedly began, her post-incident communications with the accused, and a new allegation first raised in cross-examination.

The court also considered the timing of disclosure in the context of contemporaneous family court litigation over parenting time, while expressly avoiding prohibited myths and stereotypes about sexual assault complainants.

The accused’s denial was accepted, and in any event the complainant’s evidence did not satisfy the burden of proof beyond a reasonable doubt.