2 total
Custody Relief denied
Jaryd Bellas-Menzie pleaded guilty to possession of child pornography.
Police investigation revealed 248 unique images and 32 videos on his phone, and 2 images on his laptop, primarily depicting pre-pubescent females in explicit sexual activity.
The Crown sought a 9-12 month custodial sentence and ancillary orders, while the defence sought a conditional sentence or 6-9 months custodial.
The court considered the serious nature of the offence, the paramountcy of denunciation and deterrence for child pornography offences, and mitigating factors including the offender's guilty plea, genuine remorse, and a psychological assessment indicating low risk of sexual re-offending and underlying trauma.
The court imposed a six-month custodial sentence, followed by two years of probation, a 10-year SOIRA order, a DNA order, and specific internet conditions under s. 161(1)(d) of the Criminal Code, rejecting a conditional sentence as inappropriate for such offences.
Case allowed decision
The accused was charged with sexual assault and sexual interference of a 10-year-old child.
The Crown alleged that the accused touched the victim's breasts while tickling her in his bedroom and again at the top of the stairs, warned her not to tell anyone, and touched her buttocks.
The accused admitted to physical contact but denied sexual assault.
The court found that the Crown proved the physical and mental elements of sexual assault beyond a reasonable doubt based on the victim's credible testimony, the accused's admissions and contradictions, and the circumstances of the touching.
However, the court found a reasonable doubt as to whether the accused's subjective motivation was for a sexual purpose, acquitting on the sexual interference charge.
