SELECTED CASE LAW
NOVA SCOTIA:
In 2015 NSPC 14, Mr. Y was found guilty of extortion, possession of child pornography and possession of child pornography for distribution after inducing a teenage girl, “A”, to send him nude photographs online. The case is unique because it involved an unknown accomplice, “Z”, who remotely logged into Y’s computer. Y befriended Z while playing Habbo, an online game, when he was 11 or 12 years old. Both young men were equally involved in sending deceptive messages to A from a fake Facebook account.
Y and Z’s online scam had serious real-world consequences. When the young men decided to “kill off” one of their shared online personas, both A and her friend B were so distraught that they tried to kill themselves. Both girls were hospitalized. When A figured out that she had been catfished, she asked to know who her online friend really was. Y said he would tell her only if she sent over a picture of her breasts, which she later did.
The Court describes Y’s offences as ones that “exploited the murky opportunities afforded by internet anonymity.”[1]The crimes were considered “violent offences” for sentencing purposes, and the Court recognized that “‘Y’ endangered the life or safety of ‘A’ by creating a substantial likelihood of causing psychological harm.”[2] However, noting that Y’s “precarious mental health, social dysfunction and isolation” contributed to his actions, the Court ultimately sentenced him to a two-year conditional discharge with strict internet restrictions. [3]
[1] 2015 NSPC 14 at 2
[2] 2015 NSPC 14 at 53.
[3] 2015 NSPC 14 at 55.
Criminal Offence(s): Child Pornography Offences, Extortion