SELECTED CASE LAW
ONTARIO:
In 2004 CanLII 14199, Mr. H was convicted of 43 charges of sexual assault, sexual interference, invitation to sexual touching, and possessing, distributing and importing child pornography.
Mr. H was between the ages of 13 and 23 when the offences occurred. An undercover police officer posing online as someone looking for child pornography connected with Mr. H who dis-cussed his sexual contact with children and child pornography. They set up a meeting at which Mr. H was arrested. Mr. H had been sexually abusing younger boys he befriended in his youth, his friend’s children, and children he met at a park as an adult. He showed child pornography to the children he met at the park and made child pornography of them. He also had a large collection of child pornography on his computer.
The trial judge sentenced him to time served (30 months in pre-trial custody) and three years’ probation, but dismissed his dangerous offender application, with lifetime limitations on being in contact with children, and a DNA order.
On appeal the Court held that the trial judge erred when dismissing the dangerous offender application because the sexual assaults did not pass a high seriousness threshold and the circumstances surrounding the offence did not place the offender in the worst category. Sexual assault is a serious personal injury offence, regardless of the circumstances, and Mr. H had a long history of sexual offences against children and had a high risk of reoffending. Mr. H was declared a long-term offender. His sentence was varied to four years and ten months’ time served and an eight year community supervision order.
Also see: [2002] OJ No 2290 (ONCJ); [2002] OJ No 1783 (ONCJ).
Criminal Offence(s): Sexual Assault