SELECTED CASE LAW
In 2009 ABCA 415, Mr. H pleaded guilty to accessing hundreds of images and videos of child pornography.
Mr. H collected the images over several years via a file sharing program. The images were of preteen and teen children in the nude or being sexually assaulted by adult men, including “brutal sexual violence.” He was acquitted of distributing child pornography as there was no evidence that he shared the files.
At trial he was sentenced to a 90-day intermittent sentence and three years’ probation. Additional orders included a DNA order, registration as a sex offender and limitations on being near children, working with them or communicating with them via a computer. The computers used to access the child pornography were forfeited.
The Crown appealed the sentence, arguing it was not fit for the offence in question. The appeal court agreed and increased his sentence to 12 months in jail.
Also see: 2009 ABPC 153 (Sentencing).
Criminal Offence(s): Child Pornography Offences