The appellant pleaded guilty to possession of child sexual abuse and exploitation material and was sentenced to 12 months' imprisonment followed by three years' probation.
On appeal, he sought a conditional sentence, arguing the sentencing judge erred in assessing his mental health issues, treating the involvement of children as an aggravating factor, and evaluating his risk of reoffending.
The Court of Appeal dismissed the appeal, finding no error in the sentencing judge's application of sentencing principles or her conclusion that the appellant's mental health issues were not operative at the time of the offence.
A dissenting judge would have allowed the appeal and imposed a conditional sentence, finding the sentencing judge failed to properly account for the appellant's serious mental illness.
