Rob Levan

Sentencing for making child pornography available and possession of child pornography contrary to ss. 161.1(3) and 161.1(4) of the Criminal Code.

The offender uploaded 59 files depicting sexual exploitation of children to a chat platform to attract potential sexual partners.

Despite significant mitigating factors including guilty pleas, no prior record, genuine remorse, low recidivism risk, and strong rehabilitation prospects, the court declined a conditional sentence, holding that the gravity of the offences and the imperative of denunciation and deterrence precluded community-based disposition.

The court imposed 18 months imprisonment concurrent on both counts.

The young person was found guilty of armed robbery, aggravated assault, and firearms offences arising from a drug transaction where the complainant was accidentally shot in the neck.

The Crown applied for an adult sentence under the Youth Criminal Justice Act.

The court granted the application, finding that a youth sentence would not be of sufficient length to hold the accused accountable.

The court imposed an adult sentence with a starting point of five years imprisonment, but granted enhanced credit of 1.5 to 1 for pre-sentence custody, resulting in a net sentence of two years less a day, followed by three years of probation.