Joseph Ciraco

This sentencing decision addresses possession of child pornography under section 163.1(4) of the Criminal Code.

The accused, Christopher DaSilva, pleaded guilty to possessing a large and disturbing collection of child pornography, including over 35,000 images and nearly 200 videos, amassed over several years.

The court considered extensive forensic and psychological assessments, including phallometric testing indicating pedophilic interests, and a detailed therapy report demonstrating the accused's remorse and commitment to rehabilitation.

The court emphasized the paramount importance of denunciation and deterrence in sentencing child pornography offences, referencing recent appellate decisions updating sentencing ranges post-R. v. Friesen.

The sentence imposed was 18 months incarceration followed by two years probation with strict conditions, including internet restrictions and ancillary orders such as SOIRA registration and DNA sampling.

The accused, Huynh Nguyen, was charged with dangerous operation of a vehicle causing bodily harm after her minivan rolled forward in a school parking lot, pinning a four-year-old boy.

The court first addressed the admissibility of Ms. Nguyen's police statement, ruling it voluntary and admissible despite defence arguments regarding her right to remain silent and lack of a Vietnamese interpreter during questioning.

The court then considered the charge of dangerous operation, focusing on the mens rea requirement.

Ultimately, the court found that while the incident was a tragic accident, the Crown failed to prove the mens rea of the offence, concluding that Ms. Nguyen's actions amounted to a momentary lapse in attention or carelessness, not criminal conduct.

Ms. Nguyen was found not guilty.