Sentencing for possession of child pornography and accessing child pornography following findings of guilt after trial.
The court rejected a defence request for a conditional sentence, holding that the curated nature of the collection, the offender’s continued searching and copying of material, the presence of real child victims, the lack of remorse, and the absence of treatment insight made denunciation and deterrence paramount.
Applying recent appellate guidance on child pornography sentencing and conditional sentences, the court concluded that a community sentence would not be proportionate.
A sentence of 10 months’ incarceration was imposed, followed by 3 years’ probation and ancillary DNA, SOIRA, s. 161, and forfeiture orders.
