John William Macdonald Dibski

The accused pleaded guilty to possession of child pornography contrary to s. 163.1(4) of the Criminal Code.

The Crown proceeded summarily, making the maximum sentence 18 months imprisonment with a minimum of 14 days.

The court considered aggravating and mitigating factors, including the accused's youthful age (19), lack of criminal record, genuine remorse, engagement in counselling, relatively small collection of images (28 unique pictures), and absence of distribution or evidence of pedophilia.

The Crown sought 12 months imprisonment, while the defence sought an intermittent sentence of 14-90 days.

The court imposed 90 days intermittent imprisonment followed by 3 years probation with conditions including psychiatric assessment.

Sentencing following convictions for break and enter to commit theft, obstruction of justice, and possession of break-in instruments arising from a planned theft of vehicles from a commercial dealership.

The offender had an extensive criminal record involving repeated property offences and prior custodial sentences that had failed to deter further offending.

The court emphasized denunciation, deterrence, and separation from society, finding the offences constituted a sophisticated enterprise crime.

A five‑year penitentiary sentence was imposed for break and enter, with concurrent sentences on the remaining counts.

Pre‑trial custody credit was limited to a 1:1 ratio, with a further deduction under the totality principle.