SELECTED CASE LAW
BRITISH COLUMBIA:
In 2015 BCCA 455, Mr. R, a 41-year-old man, pleaded guilty to possessing child pornography, distributing child pornography, and child luring
Mr. R was found in possession of about 5,400 images and videos of child pornography that the trial judge described as “horrific”. They contained prepubescent, infant and baby girls being sexually assaulted by adult males. Mr. R sent emails along with lurid commentary to individuals, including an 8-year-old that he had met through her mother. He had stolen some of the girl’s underwear and told other people online that he planned to groom the girl with the intention to sexually assault her. He told another person he wanted to find a woman to have a child with so he could sexually assault the child from birth and he told another man how to have sexual intercourse with his six-month-old daughter.
There were 10 complainants that Mr. R had chatted with using a false name, all of whom Mr. R believed to be under 16 years old. He requested nude photographs from them and/or asked them to touch themselves sexually. One complainant sent him nude photos that he disseminated to others. He sent some of the complainants a video of himself masturbating.
The court stated that the child luring offence “obviously seeks to protect children from predatory adults such as the appellant who use the anonymity of the Internet to entice them into sexual activities.”[1]
Mr. R was sentenced to four years in jail. Additional orders included the forfeiture of property used to commit the crime, and 10-year limitations from being near underage people or communicating with them online. Mr. R had multiple previous related convictions out of the United Kingdom.
Mr. R appealed his sentence for possession of child pornography, distribution of child pornography, and child luring, arguing that the consecutive sentences fell out of the range of sentences for similar offences.
The Court of Appeal did not find that his sentence was excessive, the appeal was dismissed.
Also see: 2013 BCPC 279 (Sentencing).
[1] 2015 BCCA 455 at para 19.
Criminal Offence(s): Child Pornography Offences, Luring a Child