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Rare conditional sentence imposed for child pornography possession.
The accused pleaded guilty to possession of child pornography under s. 163.1(4) of the Criminal Code and faced a contested sentencing between a custodial term and a conditional sentence.
The court reviewed Ontario child-pornography sentencing authorities, emphasized that denunciation and deterrence are ordinarily primary, and accepted that real jail is usually imposed absent exceptional circumstances.
Applying s. 742.1 and the conditional sentence jurisprudence, the court found an extremely rare case based on the pandemic, extensive rehabilitation, low risk of reoffending, military service, and related mental health issues.
A conditional sentence of 729 days followed by 24 months' probation was imposed, together with ancillary orders, but no s. 110 order.
The offender was sentenced to six years imprisonment for impaired driving causing two pedestrian deaths, with his suicidal reckless driving deemed an aggravating factor.
The offender, Michael Johnson, pleaded guilty to two counts of impaired operation causing death, two counts of dangerous operation causing death, one count of impaired driving causing bodily harm, and one count of dangerous operation causing bodily harm.
These charges stemmed from a high-speed collision (161 km/h in a 50 km/h zone) while impaired (BAC 1.5-2x legal limit) that resulted in the deaths of two pedestrians and serious injury to a third.
The defence argued that the offender's suicidal ideation at the time of the collision should be a mitigating factor, while the Crown argued it was an aggravating factor due to the foreseeable risk to public safety.
The court found the offender's moral blameworthiness to be significant, emphasizing general deterrence and denunciation.
The court concluded that driving recklessly with suicidal intent on a public street constitutes an aggravating factor.
A sentence of six years imprisonment was imposed, along with a 10-year driving prohibition and a DNA order.
