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.