SELECTED CASE LAW
In 2016 ABCA 287, Mr. L was convicted of possessing and accessing child pornography.
There was one child pornography image on his cell phone and several deleted images. There was also evidence of visits to a website known for hosting child pornography.
Mr. L had twice previously been convicted of possessing child pornography and once breached his probation for possessing a mobile phone, possessing child pornography, and having contact with a child under the age of 14, as prohibited by his probation orders.
He appealed his conviction, arguing that others may have used his phone and there were gaps in the evidence about who had handled his cell phone from when it was taken by the police and when a forensic analysis was done on it. However, the possible alternative arguments were not accepted by the trial or appeal judges.
The appeal was dismissed.
Also see: 2014 ABCA 351 (Appeal).
Criminal Offence(s): Child Pornography Offences