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The Court of Appeal reduced a sentence for child pornography offences due to the trial judge's failure to consider parity and the jump principle.
The appellant, Steven Parker, appealed his sentence for making available child pornography, possession of child pornography, failing to comply with a probation order, and breaching a prohibition order.
The trial judge had imposed an eight-year sentence for making available child pornography and a concurrent six-year sentence for possession, along with concurrent two-year sentences for the breaches.
The Court of Appeal found that the trial judge erred in principle by failing to consider parity with similar sentences and by not applying the jump principle.
The Court reduced the sentence for making available child pornography to six years and for possession to four years, and adjusted pre-trial custody credit.
Appeal from fraud convictions dismissed; no error in calculating s. 11(b) Charter delay or refusing adjournment.
The appellant appealed his fraud convictions, arguing the trial judge erred in dismissing his pre-trial s. 11(b) Charter application for unreasonable delay and in refusing to allow a second s. 11(b) application post-trial but pre-sentencing.
The Court of Appeal upheld the application judge's calculation of delay, confirming that time runs from the date the information is sworn, not the arrest date, and that incomplete disclosure did not cause the delay.
The Court also found no error in the trial judge's refusal to adjourn sentencing for an unperfected second delay application.
The appeal from conviction was dismissed, and the sentence appeal was abandoned.
