The accused pleaded guilty to possession of child pornography under s. 163.1(4) of the Criminal Code and faced a contested sentencing between a custodial term and a conditional sentence.
The court reviewed Ontario child-pornography sentencing authorities, emphasized that denunciation and deterrence are ordinarily primary, and accepted that real jail is usually imposed absent exceptional circumstances.
Applying s. 742.1 and the conditional sentence jurisprudence, the court found an extremely rare case based on the pandemic, extensive rehabilitation, low risk of reoffending, military service, and related mental health issues.
A conditional sentence of 729 days followed by 24 months' probation was imposed, together with ancillary orders, but no s. 110 order.
