The accused, Gerry Hawes, pleaded guilty to accessing child pornography contrary to Section 163.1(4.1) of the Criminal Code.
The court considered aggravating and mitigating factors, including the low number of images, the accused's lack of prior record, mental health issues, and significant collateral consequences.
The Crown sought 90 days' incarceration, while the defence sought a 120-day conditional sentence.
The court found the mandatory minimum sentence unconstitutional and determined that a conditional sentence could meet the principles of denunciation and deterrence given the exceptional circumstances.
The court imposed a 240-day conditional sentence, followed by 24 months' probation, a DNA order, forfeiture of the laptop, a 5-year s. 161 order, and a 10-year SOIRA order.