SELECTED CASE LAW
NOVA SCOTIA:
In 2004 NSCA 154, Mr. P appealed his sentence of 9 years and 10 months incarceration for 14 counts of sexual offences for which he pleaded guilty. He had been charged with 47 offences but pleaded guilty to charges of sexual exploitation, keeping a common bawdy house, permitting persons under age of 18 to be inmates of common bawdy house, procuring persons under age of 18 for prostitution, controlling the movement of persons under age of 18 to aid them in engaging in prostitution, possession of child pornography, making child pornography and distribution of child pornography.
In addition to a running an elaborate prostitution business with minors, he also operated a pornography website featuring child pornography, composed of photos and videos of the girls under his care, and a live-stream video feature for users to request sexual acts to performed for a fee. Finally, he had encouraged his 15-year-old daughter, Ms. C, into prostitution and trained her to perform fellatio by having her conduct said acts on himself. He took sexually explicit photos of her, put them on the internet as advertisement, and featured her on the live-stream. In his personal possession he had volumes of child pornography and pictures of other depraved acts stored on his computer.
The sentencing judge imposed a sentence higher than the joint recommendation of the Crown and defense, which was the subject of the appeal. Given sentencing factors which were not supplied to the sentencing judge by counsel, the appeal was allowed, and the sentence set aside. The appeal court imposed a sentence of 3 years and 8 months incarceration in addition to 28 months served prior to conviction, as recommended in the original joint report.
Also see: 2003 Carswell NS 613 (sentencing).
Criminal Offence(s): Sexual Exploitation