J. Stanton

Following guilty pleas to possessing, accessing, and making available child pornography and breaching probation, the court determined whether the accused met the criteria for designation as a long-term offender under s. 753.1 of the Criminal Code.

The court held that the accused's sexual offending history, including prior hands-on, luring, and child pornography offences, disclosed a pattern of repetitive sexually motivated conduct targeting prepubescent and pubescent girls and established a substantial risk of reoffending under both s. 753.1(2)(b)(i) and (ii).

Relying on the forensic psychiatric evidence, the court also found a reasonable possibility of eventual control in the community through intensive supervision, internet restrictions, treatment, and sex drive reducing medication.

The accused was designated a long-term offender, sentenced to a fixed term of 4 years and 9 months less Summers credit, and made subject to a 10-year long-term supervision order.

Sentencing decision following guilty pleas to numerous internet-based sexual offences against eight child victims, together with possessing and accessing child pornography.

The court held that denunciation, deterrence, proportionality, and the totality principle required a significant penitentiary sentence, emphasizing the degrading, coercive, and dehumanizing nature of the offending and the profound psychological harm to the children.

The court accepted forensic psychiatric evidence that the offender likely suffered from paraphilic disorder or disorders and presented above-average, but not high, risk of sexual recidivism, while finding his insight and rehabilitation prospects uncertain.

A fit global sentence was fixed at 12 years, reduced by Summers credit for pre-sentence custody to 9 years 7 months and 20 days, with harsh remand conditions considered as mitigation under the Duncan framework.