Edmond Brown

After trial, the offender was sentenced for possessing child pornography, with the accessing conviction conditionally stayed under the Kienapple principle because both offences arose from the same wrongful conduct.

The court reviewed aggravating and mitigating factors, including the size and nature of the collection, dated related record, remorse, lengthy delay, supportive family, and absence of reoffending over nine years.

Applying the governing principles for child pornography sentencing, the court found the otherwise fit range to be six to eight months' imprisonment.

The court then modestly reduced sentence to 179 days to account for severe collateral immigration consequences to a long-term permanent resident, while maintaining proportionality.

Ancillary probation, s. 161, SOIRA, and DNA orders were also imposed.

Criminal trial concerning child pornography located on the accused's computer following a peer-to-peer file-sharing investigation.

The Crown proved possession and access offences through forensic evidence and the accused's admissions, but the only live issue was whether the accused subjectively knew he was making files available to others through file-sharing software.

Applying the mens rea analysis from Spencer and the credibility framework in W.(D.), the court held the Crown failed to prove beyond a reasonable doubt that the accused intended, knew, or was wilfully blind to sharing child pornography.

Convictions were entered on possession and access, and an acquittal was entered on making available.