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Conditional sentence denied for child pornography possession; 12 months' jail imposed.
The offender was sentenced after being found guilty of possessing child pornography consisting of 123 unique videos and related thumbnail images found on his phone's Facebook messenger folder and cache.
The court held that, although a conditional sentence was legally available and would not endanger community safety, it would not satisfy the sentencing objectives of denunciation and deterrence for this gravely serious child-abuse offence.
Applying the post-Friesen appellate direction, the court found no exceptional circumstances justifying departure from a custodial sentence.
A 12-month jail term followed by 24 months' probation and ancillary orders was imposed.
