Jason Miller

This sentencing decision addresses the offence of voyeurism committed by Abinash Samal, who used a disguised spy camera in an Airbnb rental bedroom to secretly record renters engaged in explicit sexual activity.

The Court considered the aggravating factors including the breach of trust, the serious violation of privacy and sexual autonomy, and the retention of videos for prurient use.

The accused pleaded guilty and had no prior record but showed little insight into his offending.

The Court imposed a six-month jail sentence followed by two years probation, rejecting a conditional sentence due to concerns about public safety, the accused’s lack of honesty, and the need for denunciation and deterrence.

The decision also discusses relevant risk assessments and compares similar cases, emphasizing the seriousness of voyeurism in private rental settings.

The accused, Simranjit Singh, was charged with sexual assault contrary to s. 271 of the Criminal Code.

The case involved three alleged instances of non-consensual touching of the complainant, A.B., including pouring oil, attempting to spoon, and digital penetration, all of which the accused denied.

The court assessed the credibility and reliability of both the complainant and the accused, finding the accused's testimony not credible due to multiple inconsistencies and attempts to mislead.

The court accepted the complainant's evidence beyond a reasonable doubt, finding that the touching was intentional, objectively sexual, and occurred without consent, with the accused knowing or being wilfully blind to the lack of consent.

The accused was found guilty of sexual assault.

Joseph Moss was sentenced for multiple internet child exploitation offences, including making, distributing, and possessing child pornography, and making sexually explicit material available to and luring a 12-year-old victim (R.B.) from the Philippines.

The court found Mr. Moss engaged in systematic grooming of R.B., linking financial support to sexual acts.

Despite a guilty plea, the court found no remorse and a high risk of reoffending due to his entrenched cognitive distortions.

The judge emphasized denunciation and deterrence as primary sentencing objectives, noting the severe harm caused by such offences and the transnational nature of the exploitation.

Mr. Moss received a total sentence of 7 years imprisonment, along with a no-contact order, DNA order, lifetime Sex Offender Information Registration, and a restrictive lifetime s.161 order.

The court also clarified that child exploitation is a serious criminal offence globally, including in the Philippines, contrary to the offender's belief.