Wikibooks

Canadian Criminal Sentencing/Cases/Child Pornography

< Canadian Criminal Sentencing | Cases

Possession and Accessing

edit
Case Citation Prv Crt Sentence Amount Summary
R. v. Young 2012 ONCJ 716 (CanLII) ON PC 90 days 13,959 images, 210 videos most materials were inaccessible
R. v. Wright 2012 ONCJ 698 (CanLII) ON PC 12 months and probation 404 videos, 40 images peer-to-peer investigation--also sentenced with making available (12 months concurrent)
R. v. Young 2012 ONCJ 716 (CanLII) ON PC 90 days 13,959 images, 210 videos
R. v. Nelson 2012 BCPC 348 (CanLII) BC PC 1 year 18 images and videos also charged with sexual assault causing bodily harm of 14 year old--aboriginal background
R v Lorenz 2012 SKQB 391 (CanLII) SK SC 9 months 449 images and 9 videos
R. v. Schroeder 2012 ABPC 241 (CanLII) AB PC 90 days 4 images, 5 videos also sentencing on Luring (24 months less a day CSO)-Over 9 days, accused chatted with undercover officer posing as a 13 year old girl-conversation became sexual-they arranged to meet up and he was arrested upon arrival, condoms were found on him at time or arrest-police found 218 chats with other adults discussing sexual acts with children
R. v. McArthur 2012 ABPC 217 AB PC 12 months 991 images, 67 videos offender also charged with distribution (16 months)
R. v. Hutchings 2012 ONCJ 347 ON PC 36 months 61,000 images, 150 videos offender had a prior record for child pornography--was going to internet cafes to avoid detection
R. v. Paradee 2012 ABPC 148 AB PC 90 days webcam offender lured 16 year old online and had her masturbate on web camera. Also convicted of luring (18 months CSO)
R. v. Andrukonis 2012 ABCA 148 AB CA 12 months 42 images, 87 videos offender collected for 12 to 18 months--was sexually abused as a child
R. v. Tettersell 2012 ABCA 57 AB CA 2 years global 8 years, also charged with making and distribution.
R. v. Ahmed 2012 ONCJ 71 ON PC 90 days 28 images, 48 videos Crown sought 12 months
R. v. Matticks 2012 ABPC 32 AB PC 12 months 334 images also charged with luring two children on internet, for global sentence of 2 years less a day.
R. v. Gringel 2012 ONCA 48 ON CA 15 months
R. v Keough 2012 ABCA 14 AB CA 18 months poss'n x 2; appealed from 27 month sentence; voyeurism; stole video of youths sexual activity
R. v. Lamb 2011 BCSC 349 BC SC 45 days 6 videos, 2 images, and 20 texts
R. v. Grimsdale 2011 ABPC 51 AB PC 2,600 images 260 of the images show sexual assaults
R v Pinsky 2011 SKPC 111 SK PC 12 months 5036 images 69,000 image and video files total, 5036 confirmed CP
R. v. St. Michael 2011 ONSC 449 ON SC 3 to 4 years
R. v. Johnston 2011 NLCA 56 NL CA 10 months 20 videos 72 year old, retired staff sargent of RCMP; appealed from 15 months
R. v. Oakey 2011 ONCJ 404 ON PC 2 months 894 images 1 video most were deleted
R. v. M.G. 2011 NBPC 10 NB PC 15 years over 11 years duration, also charged with making and distribution
R. v. Tootoosis 2010 ABQB 574 AB SC 18 months 24,569 images stored of which 4229 were unique images; 7 videos
R. v. Bejasa 2010 ABPC 249 AB PC 5 month (global) < 100 images and videos 2.5 months on poss’n and 2.5 months for accessing; probation
R. v. McArthur 2010 ABPC 231 AB PC 6 months also charged with distribution (2 years)
R. v. H.T. 2010 MBPC 8 MB PC 90 days 1297 pics 185 vids
R. v. Bock 2010 ONSC 3117 ON SC 2 years, 9 months 1000 videos; very large collection also charged with making available; guilty plea; no record
R. v. Hilderman 2010 ABPC 183 AB PC 2.5 years 1,900 images, 23 texts, 540 videos two counts of possession; one count of making available; and breach of recog.--after being released on first charge he obtained more material while on bail--materials show ages 5 to 17, including graphic sexual acts, bondage and brutality--made available through P2P software--moderate high risk of reoffence--addicted to CP
R. v. Cuttell 2010 ONCJ 139 ON PC 18 months 1346 images and 10 videos two counts of making CP available to others through P2P network--materials depict anal nad vaginal penetration of children, bondage, group sex--youngest was aged 3--offender was 67 with no record--had limited mobility
R. v. Brignolio 2010 ONSC 4361 ON SC 12 mo 50+ files age 68 male, no record
R. v. Brooks 2010 MBPC 61 MB PC 10 months 4 images, 6 videos taking CP across border from US
R. v. W.E. 2010 NLCA 4 NL CA 20 months "large number" of videos and images no prior record
R. v. Mathieson 2010 ONCJ 616 ON PC 16 months (poss’n) 1,774 pictures also charged with making (12 months); was found printing images at store
R. v. Vasic 2009 CanLII 23884 (ON SC) ON SC 19 months 119 videos, 494 images
R. v. B.H.L. 2009 ABPC 50 [1] AB PC 2 years less a day (distrib);
1 year (poss)		 32,517 images also charged with distribution, 800 of images were graphic in nature
R. v. W.A.E. 2009 CanLII 42861 NL PC 5 years 476,704 pictures; 47,544 videos
R. v. Carrigan 2009 ABPC 228 AB PC
R. v. Cafferata 2009 YKTC 95 YK PC 6 months 17,000 images
R. v. Hammond 2009 ABPC 153 AB PC 90 days 106 unique videos and 456 pics images and videos highly graphic
R. v. Nowazek 2009 YKTC 51 YK PC 24 months thousands of pics and vids 1,000 photo images and video clips on his computer’s hard drive, as well as thousands of video clips and still shots on 40 computer disks; history of sexual offending against children and was a high risk to reoffend
R. v. Johannson 2009 SKQB 12 SK SC 45 days 26 videos and 20 images guilty plea to 3 counts possession, found guilty of making available (12 months)--images of boys aged 10 to 15--offender age 26, attending university, no record,
R. v. C.W.F. 2009 BCPC 85 BC PC 9 months 4 vids 3 years probation; guilty plea to poss’n; age 31; poss’n over two weeks; 4 videos, very serious in nature; prior record for sex assault of child from 12 years earlier; diagnosed with pedophilia; moderate to high risk to reoffend
R. v. D.C. and M.G. 2009 NBCA 59 [2] NB CA 12 months also charged making and distribution, joint recommendation, otherwise judge would have gone higher.
R. v. Proulx 2009 MBPC 13 [3] MB PC 90 days 2,466 pics 3 years probation; images of Mission categories 1 to 4; collected for over a 2 years; disagnosed with pedophilia; remorseful and had good insight; low risk of reoffending if treated; no prior criminal record; summary conviction; Crown sought 12 months
R. v. Decker 2008 NSPC 43 NS PC 9 months 4,900+ images; stories
R. v. Schneider 2008 ONCJ 250 ON PC 6 months 689 video clips of videos, 109 were accessible and 85 were unique; prior record of making C.P.
R. v. Aylesworth 2008 ONCJ 68 ON PC S/S 1,000+ images accomplished violinist, undergone therapy
R. v. C.P. 2008 NBCA 77 NB CA 22 months hundreds of videos and images included images of his own daughters
R. v. Kostas 2008 ONCJ 224 ON PC 90 days 50 videos and over 100 images admitted collecting for over 5 months
R. v. L.W. 2008 BCPC 281 BC PC 60 days 26,000 pics 37 years old
R. v. Gauthier 2008 ABCA 39 (Alta. C.A.) [4] AB CA 1 year 2,000 pics 100 vids

Unrelated criminal record

R. v. Christian Pommer 2008 BCSC 737 BC SC 9 mo CSO 56 images also access to 113 CP websites; access over 4 years; offence date pre-dates 2005
R. v. Graham 2008 BCPC 59 BC PC 1 year 10,000 images 3 years probation; age 32; guilty plea; 10,000 images depicting sexual activity; assessment indicated no shame or remorse; diagnosed with paedophilia and personality disorder;  addicted to crystal meth;. high risk to reoffend; no record
R. v. V.H. 2008 YKTC 21 YK PC 12 months
R. v. Kwok 2007 ONSC; O.J. No. 457 (Ont. SCJ) ON SC 1 year 29 years of age; had been accessing child pornography for over 13 years. Regularly communicated with other pedophiles over internet; 2000 photos and 60 video clips
R. v. Coutu 2007 CarswellOnt 8648 (Ont. Sup. Ct.) ON SC 3 years, 2 months 1.9 million CP and related images guilty of possessing and making available CP--“straggering volume” with “horrendous” content, included 1,917,288 images and 16,422 videos, of which 16,084 were photographic images, 44,487 images involving child nudity, 784,415 "other” photographs with children. There were 600 child pornography video clips; 112 of child nudity and 7,742 other video clips involving children
R. v. Fisher 2007 NBPC 15 NB PC 8 months
R. v. Strohmeier 2007 ONCJ 141 ON PC 18 months 30,000 pics 378 vids judge went above crown sentence of 12 months; well organized collection; age 48
R. v. Lehman 2007 ONCJ 18 ON PC 90 days 10 videos membership with a CP website
R. v. Warn 2007 ONCJ _; O.J. No. 3581 (Ont. C.J.) ON PC 15 mo 25 years old, no record; distribution and possession; over 15,000 photos and 50 videos; positive evidence from psychotherapist
R. v. C.W.F. 2006 BCPC 545 BC PC 10 days 15,000+ images
R. v. Shelton 2006 ABCA 190 AB CA 15 months also charged with distribution; downloading since age of 14; collection found was amassed over more than 2 years; sophisticated, organized collection; large volume of images; images of children between 6 and 8; images depict sexual intercourse; appeal of CSO; sexual compulsivity was reportedly high--age 20-22 at time--visited CP websites 3,915 times and downloaded/uploaded 75,000 times
R. v. Lentzen 2006 ABPC 283, A.J. No. 1728 (Alta. P.C.) AB PC 6 months 8,800 videos, pics and stories collected for over two years; found items that were possibly used to create videos; assessed as a low-risk to re-offend; had account on CP website, methodical in sorting
R. v. Neilly 2006 ONCA _, CarswellOnt 2396 (Ont. C.A.) ON CA 1 year also charged with distribution
R. v. McCrindle 2006 ABPC 105 AB PC 1 day (8 mo remand credit) 229 images
R. v. T.L.B. 2006 ABQB 533 AB SC 2 years less a day CSO 80 images accused is female with Cerebral pausey. Has child who had seen some of the images.
R. v. Peterson 2006 ABPC 177 AB PC 90 days 3800 images also charged with accessing, sought counselling
R. v. Austin 2006 B.C.J. No. 3430 (B.C. Prov.Crt.) BC PC Suspended Sentence 60 years; was employed with district teacher’s association; no pictures, only stories found; collected over 4 years;
R. v. Moen 2006 SKPC 1 SK PC 30 days 473 videos videos ranging from 3 seconds to 1.5 hours; depicts children age 4 to 14 in sexual acts
R. v. Jakobsen 2006 BCSC 379 BC SC 6 months
R. v. Tylek 2006 ABPC 85 AB PC 13 month CSO 850 images also accessed paid CP websites
R. v. Bennett 2006 O.J. No. 29 ON 90 days 11,000 images 24 years old, no record; psychiatric finding that the accused was a pedophile
R. v. Sabando 2005 BCPC 464 BC PC 1 day jail deported back to Philippines
R. v. Mallett 2005 CanLII 32927 (ON SC) ON SC 1 year CSO 5,000+ images
R. v. Missions 2005 NSCA 82 NS CA 12 months 63 images
R. v. R.N. 2005 N.S.J. No. 403 NS 2 years also charged with making and sexual assault
R. v. Lea 2005 O.J. No. 2665 (Ont.C.A.) ON CA 6 mo over 10,000 images 53 years, no record; depression; guilty plea;
R. v. Harlos 2005 ABPC 118 AB PC 8 months 3162 images 763 videos
R. v. Lonergan 2005 ABPC _, CarswellAlta 120, (Alta. Prov. Ct.) AB PC 8 months joint recommendation overturned; guilty plea; no record; minimization of role
R. v. Harlos 2005 ABPC _, CarswellAlta 626 (Alta. Prov. Ct.) AB PC 8 months large collection of pics/vids collecting for months
R. v. G.H.K. 2005 BCPC 618 BC PC 14 month CSO
R. v. Batshaw 2004 M.J. No. 249 (MBCA) MB CA 15 months CSO 80 to 100 images age 22; no record;; low risk to reoffend; appealed discharge order
R. v. Faget 2004 BCCA 66 BC CA 9 months guilty plea to poss’n for purpose of distrubtion; age 18; no record; remorseful and empathetic; no indication of emotional difficulties; low risk to reoffend; collection was part of adult pornography business; included category 4 material as per Missions
R. v. Kim 2004 CanLII 32118 (ON CA), (2004), 181 O.A.C. 88 ON CA 9 month CSO large collection border-line unsuccessful crown appeal
R. v. G. 2004 NSCA 7 NS CA 2 years also charged with making (2 years)
R. v. Woroby 2003 MBCA 41 MB CA fine and probation
R. v. North 2002 ABCA 134 AB CA 12 mo CSO 2000 pictures shared on a computer; overturned fine & probation
R. v. Hewlett (J.J.) 2002 ABCA 179 AB CA 3.5 years offender set up pornographic website and hired 3 underage teens
R. v. Schan 2002 CarswellOnt 511 ON CA 18 month CSO  
R. v. Clinch 2002 CarswellMan 366 MB PC 9 mo CSO prior related record;
R. v. Cohen [2001] O.J. No. 1606 (Ont. C.A.) ON CA 14 month CSO also charged with distribution
R. v. Rideout [1998] A.J. No. 199 (Alta. Prov. Ct.) AB PC 30 months 22 images was on day parole for sexual offences at time
R. v. Stroempl [1995] O.J. No. 2722 (Ont. C.A.) ON CA 10 months 300 pics age 67 years; no record; sentence of 18 mo overturned

Distribution and Making Available

edit
Case Citation Prv Crt Sentence Amount Summary
R. v. Wright 2012 ONCJ 698 (CanLII) ON PC 404 videos, 40 images 12 months and probation peer-to-peer investigation--also sentenced with possession (12 months concurrent)
R. v. Allen 2012 BCCA 377 (CanLII) BC CA 3 years 880,000 images and videos
R v SDP 2012 SKQB 330 (CanLII) SK SC 3 years 4,507 images and videos
R. v. Clayton 2012 ABQB 333 AB SC 2 years 4600 images also charged with accessing and possession--global sentence of 3 years--british soldier collected over 10 months--found guilty at trial
R. v. Tettersell 2012 ABCA 57 AB CA 8 years also charged with making and interference
R v Benson 2012 SKCA 4 SK CA 15 months 23 images and 1 video
R. v. M.G. 2011 NBPC 10 NB PC 15 years over 11 years duration, also charged with making and possession
R. v. Lynch-Staunton 2011 ONSC 218 ON SC 5 years 2097 images, 1763 texts, 574 videos 12.1 gigabytes of CP, age 56, no prior record, collection over 10+ years, charged with distribution and poss'n
R. v. Hilderman 2010 ABPC 183 AB PC 2.5 years 1,900 images, 23 texts, 540 videos also convicted of two counts of possession; and breach of recog.--after being released on first charge he obtained more material while on bail--materials show ages 5 to 17, including graphic sexual acts, bondage and brutality--made available through P2P software--moderate high risk of reoffence--addicted to CP
R. v. Cuttell 2010 ONCJ 139 ON PC 18 months making available
R. v. McArthur 2010 ABPC 231 AB PC 2 years (distribution); 6 months (poss’n)
R. v. Bock 2010 ONSC 3117 ON SC 2 years, 9 months 1000 videos; very large collection also charged with poss'n; guilty plea; no record
R. v. Mathieson 2010 ONCJ 616 ON PC 16 months (poss’n); 12 months (making) 1,774 pictures also charged with possession; was found printing images at store
R. v. B.H.L. 2009 ABPC 50 AB PC 2 years less a day (distrib);
1 year (poss)		 32,517 images 800 of images were Missions Category 4
R. v. Johannson 2009 SKQB 12 SK SC 12 months 26 videos and 20 images guilty plea to 3 counts possession, found guilty of making available--images of boys aged 10 to 15--offender age 26, attending university, no record
R. v. D.C. and M.G. 2009 NBCA 59 NB CA 12 months also charged making and distribution, joint recommendation, otherwise judge would have gone higher.
R v Alcorn 2008 ONCJ 547 ON PC 16 months making available
R. v. T.L.B. 2007 ABCA 61 AB CA 18 months also charged with interference
R. v. Kozun 2007 MBPC 7 MB PC 18 mo CSO 3368 pics and 350+ vids pre-dates amendments; upeld at appeal 2007 MBCA 101 [5]
R. v. J.A.M. 2007 SKPC 44 SK PC 2.5 years transmitting live child pornography over network
R. v. Coutu 2007 CarswellOnt 8648 (Ont. Sup. Ct.) ON SC 3 years, 2 months 1.9 million CP and related images guilty of possessing and making available CP--“straggering volume” with “horrendous” content, included 1,917,288 images and 16,422 videos, of which 16,084 were photographic images, 44,487 images involving child nudity, 784,415 "other” photographs with children. There were 600 child pornography video clips; 112 of child nudity and 7,742 other video clips involving children
R. v. Warn 2007 ONCJ _; O.J. No. 3581 (Ont. C.J.) ON PC 15 mo 25 years old, no record; distribution and possession; over 15,000 photos and 50 videos; positive evidence from psychotherapist
R. v. Treleaven 2006 ABPC 99 AB PC 3.5 years distribution
R. v. Shelton 2006 ABCA 190 AB CA 15 months downloading since age of 14; collection found was amassed over more than 2 years; sophisticated, organized collection; large volume of images; images of children between 6 and 8; images depict sexual intercourse; appeal of CSO; sexual compulsivity was reportedly high
R. v. Sutherland 2006 BCPC 133 BC PC 100,000 admitted to sending hundreds of pic to others; was in poss’n of 100,000 images of which 10,000 were analyzed; many were CP; included Missions Cateogory 4 images; age 49; no record; guilty plea; not a pedophile; no evidence of being involved with children
R. v. Hassell 2006 ABPC _, A.J. No. 1679 (Alta. P.C.) AB PC 9 months confessed to routinely trading C.P. images over four t five years
R. v. Neilly 2006 ONCA _, CarswellOnt 2396 (Ont. C.A.) ON CA 1 year also charged with possession
R. v. Anderson 2005 ABPC 99, A.J. No. 535 AB PC 9 months massive collection no record; only some distributed; admitted addiction; diagnosed as a paedophile in the low-risk category
R. v. Kim 2004 CanLII 32118 (ONCA), (2004), 181 O.A.C. 88 ON CA 9 month CSO large collection possession and distribution, border-line unsuccessful crown appeal
R. v. Larocque 2004 ABPC 114 AB PC 18 months thousands of pictures; 250 videos was a moderator of an international distribution ring; was crown witness on prosecution of another member;
R. v. Faget 2004 BCCA 66 BC CA 9 months guilty plea to poss’n for purpose of distrubtion; age 18; no record; remorseful and empathetic; no indication of emotional difficulties; low risk to reoffend; collection was part of adult pornography business; included category 4 material as per Missions
R. v. Kim 2004 CanLII 32118 (ON CA), (2004), 181 O.A.C. 88 ON CA 9 month CSO large collection also charged with possession, border-line unsuccessful crown appeal
R. v. Currie 2003 CanLII 33601 (MB PC) MB PC 2 years 4,500 images, 50 videos poss’n for purpose of distribution
R. v. Cohen [2001] O.J. No. 1606 (Ont. C.A.) ON CA 14 months CSO also charged with poss’n
R. v. Yaworksi 2000 O.J. No. 2613 (Ont. C.A.) ON CA 12 months 20 year old, no record; guilty plea to distribution
R. v. Lisk [1998] O.J. No. 1456 (Ont. C.A.) ON CA 3 months 111 images The case involved the distribution of child pornography in order to obtain more child pornography.

Making

edit
Case Citation Sentence Amount Summary
R. v. A.R.C. 2012 ABPC 252 (CanLII) 12 months (global) also sentenced for interference, possession--over several years had intercourse with daughter, filmed it and shared it over internet.
R. v. Tettersell 2012 ABCA 57 2 years also convicted of sexual touching--global sentence of 8 years
R. v. Bridgeman 2011 ONCJ 117 6 months also charged with luring (18 months)
R. v. St Michael 2011 ONSC 449 4 years
R v Gilbert 2011 NBPC 10 15 years 5 counts making, 1 count possession, 3 counts interference, 6 victims
R. v. Mathieson 2010 ONCJ 616 16 months (poss’n); 12 months (making) 1,774 pictures also charged with making; was found printing images at store
R. v. F.(D.G.) 2010 ONCA 27 7 years making/poss’n/distribtuing CP, sexual assault, interference; used daughter to make live streaming CP.
R. v. B.(P.J.) 2010 ABCA 49 1 year (making/distrib) also charged with sex interference--global sentence of 4 years--mother using daughter to make CP for boyfriend
R. v. P.M.V. 2010 BCCA 34 2 years less a day
R. v. Brandridge 2010 ONCJ 450 [6] 5 years 35,000 unique images; 485 videos also charged with making and possession
R. v. Grant 2009 BCCA 282 [7] 4 months 4 pics took polaroid photos of 4 year old child, 6 images showed genitals
R. v. Smith 2008 CanLII 59107 (ON SC) 21 months
R. v. Debidin 2008 ONCA 868 6 months
R. v. B.C.M. 2008 BCCA 365 3 years also convicted for interference (1 year consecutive)
R. v. D.(B.) 2008 ONCJ 21 2 years making CP, also convicted of incest--
R. v. Innes 2007 ABPC 237 2 years also charged with luring and extortion
R. v. L.A.W. 2006 SKPC 98 1 year 6 images 6 images of his 9 year old daughter and the Complainant’s step daughter; admitted oral sex with daughter, also convicted of sex assault(2 years)
R. v. R.N. 2005 N.S.J. No. 403 2 years also charged with possession and sexual assault
R. v. G. 2004 NSCA 7 2 years (making)
2 years (poss'n)		 making and possession
R. v. G.P. 2004 NSCA 154 12 months 100 images, streaming video also charged with sexual exploitation. Father ran sex trade operation using his daughter. She would pose and perform sex for live internet shows. joint recommendation for global sentence for 30 months
R. v. Weber 2003 CanLII 28579 (ON CA) 14 months CSO

NB:

  • mandatory minimum amendments on s.162.1 enacted July 2005
Retrieved from "https://en.wikibooks.org/w/index.php?title=Canadian_Criminal_Sentencing/Cases/Child_Pornography&oldid=4326872"