The Court of Appeal for British Columbia in Vancouver. (Black Press file photo)

The Court of Appeal for British Columbia in Vancouver. (Black Press file photo)

Court of Appeal reduces prohibition time in Island child porn case

Evidence against Courtenay man included 2,700 images and 125 videos on iPad and phone

WARNING: This story contains graphic details that may be triggering to some readers.

The B.C. Court of Appeal reduced the duration earlier this month of a prohibition order against a local man sentenced for the possession and distribution of child pornography.

The appellant, who cannot be named because of a publication ban, was charged following a search at a Courtenay residence in January 2018, then pleaded guilty in B.C. Supreme Court in Courtenay in 2020.

During the search, the police turned up images on his iPad and a phone belonging to his former girlfriend, who was living with him at the time and pregnant with their child. In all, there were 2,700 images and 125 videos. In addition, there was evidence in the form of correspondence between the appellant and his girlfriend in which they discussed acts of sexual abuse on their unborn child and his desire to sexually abuse her 10-year-old half-sister. There was also evidence of communications between the appellant and other people in which child pornography was shared and discussed.

In his appeal, the appellant wanted to reduce the scope and duration of prohibition orders imposed. The sentencing judge had given an aggregate 30-month sentence and prohibited him from engaging in certain conduct or attending areas that would provide access to children under the age of 16 for a period of 25 years. The appellant, diagnosed with pedophilic disorder, has been assessed as a moderate risk to re-offend sexually.

Among the aggravating factors the sentencing judge cited were the appellant’s sexualization of his unborn child and girlfriend’s younger half-sister, and his exploitation of his girlfriend to involve her in his offences.

“Although he seems to be developing some insight, in my view he fails even now to properly understand or appreciate his own sexual deviancy and risk to children,” Justice Robin Baird wrote in his sentencing decision from B.C. Supreme Court.

Specifically, the appellant asked the court to reduce the duration of the prohibition order from 25 years to three years and narrow the scope to include only a condition prohibiting him from being alone in a private dwelling while in the presence of anyone younger than 16, unless supervised by a person approved in advance by the court.

Age 25 at the time of sentencing and with no criminal record, the appellant had become sexually active at 17 and started drinking alcohol, using alcohol and drugs regularly by 19, and accessing child pornography at age 21.

READ MORE: Vancouver Island man sentenced for child porn possession and distribution

The Court of Appeal ultimately accepted the 25-year duration was too severe but that the three years requested was not severe enough, so it imposed a 15-year term.

“After serving the 30-month jail sentence, the appellant will still be a young man when released into the community. In the context of the evidence, there is clearly a basis to impose a lengthy term in the prohibition orders,” Justice Barbara Fisher wrote in the decision.

She also amended the sentencing order to permit the appellant’s contact with customers or co-workers in a permitted potential employment setting, providing the employer provides supervision by an employee. Justice David Franklin Tysoe Justice Lauri Ann Fenlon concurred with the decision.



mike.chouinard@comoxvalleyrecord.com

Like us on Facebook and follow us on Twitter.

child porn

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Highway 14 (Sooke Road) is closed between Impala Road and Humpback Road following a “major” police incident, according to DriveBC. (Black Press Media file photo)
UPDATED: Major crimes unit takes over after police incident closes Highway 14 through Sooke

Incident occurred Friday night, detour made available early Saturday

To each their own pipe. The new sewer main during staging in James Bay before it was installed in 2018, to convey waste to the McLoughlin Point treatment facility. (Black Press Media file photo)
‘End in sight,’ for Victoria’s annual sewage overflows

Wastewater projects underway should end sewage overflows

Community members Ed Hutchinson, left, Dave Noren, and Pat Graham, president of The Ladies Guild, stand before the new book house outside the Church of the Advent in Colwood. The tiny library was built as a result of the annual Church of the Advent book sale being cancelled due to COVID-19. (Submitted/Joan Hoffman)
Colwood church builds little library

Church of Advent annual book sale cancelled due to health restrictions

(Courtesy Very Good Butchers)
Very Good Butchers brand adds cheese to its platter

The Cultured Nut products to be rebranded under Very Good Cheese banner

Ron Sivorot, business director at Kennametal’s Langford site, the Greater Victoria facility that made a component being used on NASA’s Perseverance rover on Mars. (Jake Romphf, Black Press Media)
NASA’s Perseverance Mars rover using piece made at Kennametal’s Langford site

The Greater Victoria plant’s tooth blank is helping the rover’s drill collect rock cores

The James C Richardson Pipe Band marches in a Remembrance Day parade on Nov. 11, 2019 in Chilliwack. Wednesday, March 10 is International Bagpipe Day. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of March 7 to 13

International Bagpipe Day, Wash Your Nose Day and Kidney Day are all coming up this week

More than ever before, as pandemic conditions persist, the threat of data breaches and cyberattacks continues to grow, according to SFU professor Michael Parent. (Pixabay photo)
SFU expert unveils 5 ways the COVID-19 pandemic has forever changed cybersecurity

Recognizing these changes is the first in a series of steps to mitigate them once the pandemic ends, and before the next: Michael Parent

Kevin Haughton is the founder/technologist of Courtenay-based Clearflo Solutions. Scott Stanfield photo
Islander aims Clearflo clean drinking water system at Canada’s remote communities

Entrepreneur $300,000 mobile system can produce 50,000 litres of water in a day, via solar energy

Malawian police guard AstraZeneca COVID-19 vaccines after the shipment arrived in Lilongwe, Malawi, Friday March 5, 2021. Canada is expecting its first shipments of AstraZeneca vaccine next week. (Associated Press/Thoko Chikondi)
B.C.’s daily COVID-19 cases climb to 634 Friday, four more deaths

Currently 255 people in hospital, 66 in intensive care

A crashed helicopter is seen near Mt. Gardner on Bowen Island on Friday March 5, 2021. Two people were taken to hospital in serious but stable condition after the crash. (Irene Paulus/contributed)
2 people in serious condition after helicopter goes down on Bowen Island

Unclear how many passengers aboard and unclear where the helicopter was going

Surrey Pretrial in Newton. (Photo: Tom Zytaruk)
B.C. transgender inmate to get human rights hearing after being held in mostly male jail

B.C. Human Rights Tribunal member Amber Prince on March 3 dismissed the pretrial’s application to have Makayla Sandve’s complaint dismissed

Supporters rally outside court as Pastor James Coates of GraceLife Church is in court to appeal bail conditions, after he was arrested for holding day services in violation of COVID-19 rules, in Edmonton, Alta., on Thursday March 4, 2021. THE CANADIAN PRESS/Jason Franson
‘Law remains valid:’ Pastor accused of violating health orders to remain in jail

The Justice Centre for Constitutional Freedoms is representing the pastor

The Netflix logo on an iPhone. B.C. delayed imposing sales tax on digital services and sweetened carbonated beverages as part of its response to COVID-19. Those taxes take effect April 1, 2021. THE CANADIAN PRESS/AP, Matt Rourke
B.C. applies 7% sales tax on streaming, vaping, sweet drinks April 1

Measures from 2020 budget were delayed due to COVID-19

A lawyer wears a face mask and gloves to curb the spread of COVID-19 while waiting to enter B.C. Supreme Court, in Vancouver, B.C., Friday, Aug. 28, 2020. British Columbia’s highest court has sided with the land owner in a dispute over public access to public land. THE CANADIAN PRESS/Darryl Dyck
B.C. high court finds in favour of large landowner in fight over access to pair of lakes

The Nicola Valley Fish and Game Club launched legal action after the cattle company blocked road and trail access

Most Read