SELECTED CASE LAW
In 2002 BCCA 248, Mr. H, a 51-year-old man, pleaded guilty to sexual assault and making child pornography.
He was sentenced to nine months in jail and two years’ probation. He appealed the sentence.
Mr. H had hidden a camera in his 13-year-old step-daughter’s bedroom and bathroom and had filmed her both dressed and nude. He also came into her room and fondled her breast once until she asked him to stop. She had not been aware of the hidden cameras, but Mr. H’s overly attentive behaviour towards her made her uncomfortable. The girl had emailed her friend about the assault and the friend’s mother reported it to the girl’s parents. The girl’s mother found several video tapes that Mr. H had made of her daughter.
The court of appeal changed the sentence to 9 months served in the community rather than in jail, with the same two years’ probation and 120 hours of community service. Orders included a no contact order, prohibition from accessing any form of pornography, prohibition form possessing a video recorder, and the requirement that his probation officer have access to his computer.
Also see: 2001 BCPC 413 (Sentencing).