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Conditional sentence for CSAEM possession found unfit but not disturbed.
Crown appeal from a conditional sentence of two years less a day imposed on the respondent following a guilty plea to possession of child sexual abuse and exploitation material (CSAEM).
The respondent's collection comprised over 22,000 images and 741 videos depicting the sexual abuse of real children, accumulated over several years.
The Court of Appeal found the sentencing judge erred in principle by failing to recognize significant aggravating factors, including the number of child victims, the duration and frequency of the offending conduct, and active participation in the CSAEM subculture.
The sentencing judge further erred by failing to prioritize denunciation and deterrence, instead focusing unduly on the offender's personal circumstances.
The Court of Appeal determined a 30-month custodial sentence was fit but declined to incarcerate the respondent at this stage, as he was halfway through his conditional sentence and resentencing would eliminate his three-year probation period.
Leave to appeal granted; appeal dismissed.
