This is a Crown appeal of an 18-month custodial sentence imposed on the respondent for making child pornography, distributing child pornography, and voyeurism involving two child victims.

The Crown sought a five-year sentence, arguing the sentencing judge erred by elevating the offender's age and rehabilitation potential over denunciation and deterrence, and by failing to recognize a breach of trust.

The majority of the Court of Appeal dismissed the Crown's appeal, finding that the sentencing judge properly balanced the sentencing objectives, including the principle of restraint for young first offenders, and did not err in not finding a breach of trust.

The dissenting judge would have allowed the appeal, arguing the sentencing judge erred in principle by prioritizing the offender's age and failing to address aggravating factors like the familial relationship, resulting in an unfit sentence.