Oliver Nissim Abergel

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.

The Crown appealed the sentence imposed on the respondent, arguing it was unfit.

The Court of Appeal acknowledged the sentence was at the bottom end of the range but noted the trial judge had valid reasons for it.

Even assuming the sentence was unfit, the Court held it was not in the interests of justice to re-incarcerate the respondent, citing a very positive post-sentence report, the respondent's youthfulness, and the importance of rehabilitation.

The sentence appeal was dismissed.