Sentencing for multiple online child-sex offences arising from an undercover investigation in which the offender responded to a sexualized internet advertisement and, over Kik, counselled a purported mother to sexually abuse her children, sent child pornography, and arranged sexual activity involving the putative children.
The court held that denunciation and deterrence were primary under the Criminal Code and the Supreme Court’s guidance on sexual offences against children, but treated the case as less serious than authorities involving prolonged predatory conduct, more extensive collections, or clearer pre-existing intent to offend against children.
The court rejected the argument that the Craigslist ad itself constituted child pornography, discounted parts of the defence psychologist’s opinion because it relied on the offender’s disbelieved account, and found some mitigation in the offender’s mental health history, remorse, lack of record, support network, and the officer’s role in escalating the criminal discussions.
A global sentence of 30 months’ imprisonment was imposed, with credit reducing the custodial balance, along with DNA, lifetime SOIRA, and internet-use prohibitions.
