Court File and Parties

CITATION: R. v. Nisbet, 2011 ONCA 26

DATE: 20110113

DOCKET: C52060

COURT OF APPEAL FOR ONTARIO

Moldaver, Feldman and MacFarland JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Kevin Nisbet

Appellant/Applicant

Counsel: Frances Breman, for the appellant Allison Dellandrea, for the respondent

Heard and released orally: January 4, 2011

On appeal from the sentence imposed by Justice H. A. Rady of the Superior Court of Justice dated April 23, 2010.

ENDORSEMENT

[1] Sadly, possession of child pornography facilitated through the internet is on the rise. It is an abhorrent crime that victimizes the most vulnerable members of our society and hence the need for sentences to reflect denunciation and deterrence.

[2] The officers examined the appellant’s computer over time and found a number of files which showed children aged 4 to 14 being depicted in all types of sexual activity with other children and adult males. Many of those files bore titles suggestive of child pornography.

[3] The appellant argues that the sentence imposed was too high. We disagree. In our view, a sentence of six months was not inappropriate in all the circumstances of this case. A message must go out that this sort of conduct will not be tolerated. There is no error in principle and hence no basis for this court to interfere.

[4] The appeal is dismissed.

"M. J. Moldaver J.A."

"K. Feldman J.A."

"J. MacFarland J.A."