Dr. Monik Kalia

The Ontario Court of Justice sentenced Akashkumar Narendrakumar Khant, who pleaded guilty to attempted commission of an indecent act contrary to section 173(1)(b) of the Criminal Code, following a police sting operation targeting individuals seeking sexual services from minors.

The Crown sought 90 days custody, while the Defence proposed a conditional discharge with probation and house arrest.

The Court considered extensive psychological assessments, mitigating factors including Khant’s remorse, rehabilitation efforts, and severe immigration and professional consequences of a conviction.

The Court distinguished this case from more serious precedents, noting evidentiary weaknesses and the incomplete nature of the offence.

Ultimately, the Court imposed a conditional discharge with 12 months probation, including 3 months house arrest, emphasizing proportionality, rehabilitation, and the avoidance of disproportionate collateral consequences.

Sean Done was convicted of accessing child pornography contrary to s. 163.1(4.1) of the Criminal Code.

The sentencing decision addresses the protracted procedural history, including Charter applications, and extensive evidentiary record including psychological and psychiatric assessments diagnosing pedophilia limited to internet offending.

The court emphasized the equivalence of accessing and possessing child sexual abuse material (CSAM), the aggravating factors such as the large quantity and nature of the material, sharing and trading of CSAM, and counselling others to avoid detection.

Mitigating factors included Mr. Done’s lack of prior record, engagement in therapy, and supportive family.

The court imposed a 22-month custodial sentence (after a 4-month reduction for Charter breaches), followed by two years probation with strict conditions, and ancillary orders including DNA, SOIRA registration for 20 years, forfeiture of the cellphone, and waiver of victim fine surcharge.

Kayil Torres pled guilty to possessing and accessing child exploitation material on multiple occasions in 2022.

The court considered extensive forensic evidence, expert psychological assessments diagnosing Torres with pedophilia, and his personal circumstances including youth, remorse, and rehabilitation efforts.

The Crown sought a 2-year penitentiary sentence emphasizing denunciation and deterrence, while the Defence argued for a conditional sentence based on mitigating factors.

The court found the aggravating factors, including the volume and nature of the material and the offender’s high blameworthiness, outweighed mitigating factors.

It imposed an 18-month concurrent jail sentence on both counts, a 2-year probation order, and ancillary orders including a 20-year SOIRA order and a s. 161 order restricting contact with children.

This sentencing decision addresses possession of child pornography under section 163.1(4) of the Criminal Code.

The accused, Christopher DaSilva, pleaded guilty to possessing a large and disturbing collection of child pornography, including over 35,000 images and nearly 200 videos, amassed over several years.

The court considered extensive forensic and psychological assessments, including phallometric testing indicating pedophilic interests, and a detailed therapy report demonstrating the accused's remorse and commitment to rehabilitation.

The court emphasized the paramount importance of denunciation and deterrence in sentencing child pornography offences, referencing recent appellate decisions updating sentencing ranges post-R. v. Friesen.

The sentence imposed was 18 months incarceration followed by two years probation with strict conditions, including internet restrictions and ancillary orders such as SOIRA registration and DNA sampling.

Lorne Hytman pleaded guilty to one count of voyeurism and four counts of criminal harassment involving multiple young female victims.

The court considered aggravating factors, including the persistent nature of the behaviour and the vulnerability and significant impact on the young victims.

Mitigating factors included the offender's genuine remorse, guilty plea, first offender status for the current charges, public embarrassment, and a delay in his bail hearing.

The Crown sought a 6-month conditional sentence, while the defence argued for a suspended sentence with probation.

The court determined that a sentence of imprisonment was not required and imposed a suspended sentence with a three-year probation order, including conditions for mandatory counselling, adherence to medical advice, non-contact orders with victims, and 150 hours of community service, along with a DNA order.

Joseph Butera was found guilty of possession of child pornography and arranging through telecommunication to sexually assault a child under the age of 16.

The court considered aggravating factors, including the repeated attempts to have the victim's mother breach trust, instructions for sexual interference, the request for new child pornography images, and the substantial collection of child pornography.

Mitigating factors included his lack of criminal record, early guilty plea, remorse, and rehabilitative efforts.

Applying the principles of denunciation and deterrence, particularly in light of R. v. Friesen, the court imposed a global sentence of 45 months, reduced to 38 months after credit for pre-sentence custody and a COVID-19 pandemic multiplier.

Ancillary orders included a DNA sample, lifetime SOIRA registration, forfeiture of devices, a 10-year weapons prohibition, and various lifetime prohibitions on contact with children and internet use.

The defendant, Waqar Ali, was sentenced after being found guilty of sexually assaulting two young women and assault causing bodily harm to one.

The court considered aggravating factors including the victims' extreme intoxication and vulnerability, the defendant's predatory behavior as an Uber driver constituting a breach of trust, and the significant impact on the victims.

Mitigating factors included the defendant's lack of prior record, family support, and efforts to address mental health and addiction issues.

The court emphasized general deterrence and denunciation, imposing a total sentence of 18 months and 20 days of incarceration, along with a three-year probation order and other ancillary orders.