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A first-time offender who pleaded guilty to possessing child pornography received a six-month conditional sentence.
Stanislaw Dunajski pleaded guilty to possession of child pornography under section 163.1(4) of the Criminal Code.
The Crown sought a 90-day intermittent jail sentence, while the Defence proposed a 6-9 month conditional sentence.
The court, applying a child-centred approach and considering mitigating factors such as the offender's lack of criminal record, low risk of re-offending, engagement in therapy, and the nature of the images (sexualized posing of pre-pubescent children, small collection), imposed a six-month conditional sentence.
This was followed by eighteen months of probation and various ancillary orders, including a 10-year SOIRA order, a 5-year section 161 order, and a DNA order.
The court found that a conditional sentence, with strict conditions, could achieve the objectives of denunciation and deterrence while promoting rehabilitation.
