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Joint submission of 90 days rejected for repeat offender; 12 months custody imposed instead.
The accused pleaded guilty to possessing child pornography and accessing child pornography contrary to sections 163.1(4) and 163.1(4.1) of the Criminal Code.
Between May and June 2013, the accused accessed and downloaded approximately 481 child pornography images depicting very young children aged 2 to 6 being sexually assaulted.
The Crown and defence jointly submitted for a sentence of 90 days in custody followed by three years of probation.
The court rejected the joint submission as unfit, finding that a minimum sentence would not adequately serve the objectives of denunciation and general deterrence, particularly given the accused's prior conviction for a similar offence and his criminal history.
The court imposed a sentence of 12 months in custody followed by three years of probation, with credit for pre-trial custody, a DNA order, a prohibition on internet use for five years, and a lifetime SOIRA order.
An offender was sentenced to over eight months' imprisonment for sexual interference and related assaults.
The accused pleaded guilty to sexual interference with a minor between October 28, 2010 and March 1, 2012, assault of the minor, assault of her new boyfriend, and threatening to kill the boyfriend.
The accused was 20-22 years old during the sexual relationship with the 13-15 year old complainant.
The court imposed a sentence of eight months imprisonment on the sexual interference count, with consecutive sentences of 10 days each on the assault and death threat counts, followed by 15 months probation.
The court applied principles of denunciation and general deterrence while considering the accused's youth, guilty plea, and rehabilitation prospects.