A 51-year-old first offender pleaded guilty to possession of child pornography and making child pornography available.
His collection was one of the largest and worst ever encountered by the Ottawa Police Service, containing over 28,000 unique images and 1,144 unique videos, with 95% depicting explicit sexual activity including children as young as one year old.
The trial judge imposed a sentence of two years less one day followed by three years' probation, reasoning that probation would ensure the accused received counselling.
The Crown appealed, arguing the sentence was inadequate.
The Court of Appeal allowed the appeal, finding the trial judge erred in principle by giving primary effect to rehabilitation rather than denunciation and general deterrence, which are the paramount sentencing objectives for child pornography offences.
