The offender was convicted of possessing 7,694 animated child pornography images.
At sentencing, the offender challenged the constitutionality of the 6-month mandatory minimum sentence under s. 163.1(4) of the Criminal Code, arguing it violated s. 12 of the Charter.
The court dismissed the Charter challenge, finding the mandatory minimum was not grossly disproportionate for the offender or a reasonably foreseeable hypothetical offender.
The court sentenced the offender to 8 months' imprisonment followed by 18 months' probation, emphasizing denunciation and deterrence.
