Oliver N. Abergel

The Crown brought an application to admit evidence of the accused's absence from Canada for nearly ten years as post-offence conduct showing consciousness of guilt and as narrative evidence.

The accused had left Canada legally after his sexual assault charges were stayed, but before the stay was successfully appealed by the Crown.

The court dismissed the application, finding the evidence was not relevant to the accused's criminal intent, had minimal probative value, and carried a high prejudicial effect that could force the accused to testify about unrelated matters.

The court also rejected admitting the evidence for narrative purposes, as it was not required for the jury to understand the relevant evidence.

Sentencing for offences involving sexual assault, internet child luring, and sexual touching of a victim under the age of 16.

The offender engaged in grooming behaviour through online communications and arranged for the youth to attend his residence where sexual acts occurred.

Aggravating factors included the victim’s vulnerability, the offender’s planning and exploitation of trust, and significant psychological harm to the victim.

Mitigating factors included the offender’s guilty plea, lack of criminal record, advanced age, remorse, and low assessed risk of reoffending.

Emphasizing denunciation and deterrence for sexual offences against children, the court imposed a custodial sentence followed by probation and several ancillary orders.

The accused, a 47-year-old computer programmer with no prior record, was found guilty of possessing child pornography.

A search of his computer revealed 24 videos and 17 images.

A psychiatric assessment diagnosed him with pedophilia and hebephilia, though he was deemed a low risk to re-offend.

Emphasizing denunciation and deterrence, the court sentenced the accused to 6 months' incarceration followed by 18 months' probation, along with a 20-year SOIRA order and a section 161 prohibition order.