SELECTED CASE LAW

ALBERTA:

2013 ABCA 140

In 2013 ABCA 140, Mr. L pleaded guilty to accessing, possessing and making child pornography of female friends of his daughter, and of sexually touching the two eight and nine-year-old girls. He was between 49 and 50 years old at the time of the offences.

Mr. L’s behaviour escalated from accessing child pornography to making it to sexually touching the girls. He invited the girls to his house when his daughter wasn’t there, but they did not go. He told the girls to keep his actions a secret or he would lose his daughter. The girls eventually disclosed his behaviour, leading to his arrest.

A search of his computer resulted in a large collection of child pornography and over 6,500 internet searches for child pornography. He did not express remorse or take full responsibility for his crimes, instead he claimed he was exploring his sexuality.

He was sentenced to two years in jail and three years’ probation.

The Crown appealed Mr. L’s sentence and the appeal court found the trial judge had erred in deciding on the totality of the sentence. Mr. L’s sentence was increased to four years’ imprisonment.

Criminal Offence(s): Child Pornography Offences ; Sexual Interference