2 total
Custody Relief denied
The accused pleaded guilty to distributing child pornography and luring a child by means of a computer system.
The Crown proceeded by indictment.
The accused made contact with what he believed was a fifteen-year-old girl over the internet on two occasions, counselling her on masturbation.
He subsequently sent explicit videos depicting young children engaged in sexual acts.
A search of his residence revealed 1,071 photographs and eleven videos of child pornography depicting children as young as three to five years old.
The court imposed a sentence of 15 months imprisonment, balancing the serious nature of the offences against mitigating factors including the accused's Aboriginal status, early guilty plea, genuine remorse, and support from family and community.
The court held that a pre-sentence report with Gladue content provided sufficient information to sentence an Aboriginal offender, declining to order a full Gladue report.
The court considered whether to order a full Gladue report to assist in sentencing an Aboriginal offender.
The court held that while a full Gladue report is not absolutely required, the sentencing judge must have sufficient materials before it to meet the requirement of special attention to the circumstances of Aboriginal offenders under s. 718.2(e) of the Criminal Code.
The court found that the pre-sentence report with Gladue content, combined with evidence from probation services and anticipated submissions from community elders and family, provided sufficient information to proceed to sentencing.
