Dr. Kent Somers

Sentencing for multiple online child-sex offences arising from an undercover investigation in which the offender responded to a sexualized internet advertisement and, over Kik, counselled a purported mother to sexually abuse her children, sent child pornography, and arranged sexual activity involving the putative children.

The court held that denunciation and deterrence were primary under the Criminal Code and the Supreme Court’s guidance on sexual offences against children, but treated the case as less serious than authorities involving prolonged predatory conduct, more extensive collections, or clearer pre-existing intent to offend against children.

The court rejected the argument that the Craigslist ad itself constituted child pornography, discounted parts of the defence psychologist’s opinion because it relied on the offender’s disbelieved account, and found some mitigation in the offender’s mental health history, remorse, lack of record, support network, and the officer’s role in escalating the criminal discussions.

A global sentence of 30 months’ imprisonment was imposed, with credit reducing the custodial balance, along with DNA, lifetime SOIRA, and internet-use prohibitions.

The accused pleaded guilty to three charges: sexual assault of a child under 16 years of age, possession of child pornography, and production of child pornography.

The offences occurred between 2012 and 2014 and involved an eight-year-old child.

The court imposed a sentence of two years less a day, less pre-trial detention and house arrest credits, resulting in 17 months incarceration.

The court considered Gladue principles, psychological assessment, victim impact, and sentencing principles emphasizing denunciation and deterrence for offences involving child abuse.