SELECTED CASE LAW
ONTARIO:
[2012] OJ No 3606 (ONCA)
In [2012] OJ No 3606 (ONCA), Mr. D appealed his conviction and sentence for multiple sexual offences and child pornography offences.
Mr. D argued that his chat logs and other digital evidence did not support a conviction for many of the offences, that Ms. G was not a reliable witness, that his lawyer properly addressed all the evidence, and that the conditions of his probation should not prohibit him from using the internet or possessing devices capable of accessing the internet.
Mr. D asked his ex-girlfriend, Ms. G, to take sexual photos of herself and her 12-year-old daughter. Ms. G complied and sent photos and a video of her and her daughter, which led to a criminal conviction against her. He also sent Ms. G sexual photos of adults and children during their relationship.
A second ex-girlfriend, Ms. B, also said that Mr. D sent her sexual photos of adults and children and that Mr. D used her computer, after which she found images of naked children on it. The police searched several of his other devices that were in Ms. B’s apartment and found porno-graphic images of children on them.
At trial, Mr. D was found guilty of making child pornography, sexual interference, invitation to sexual touching, sexual assault and the possession of child pornography. He was sentenced to a year in jail and three years’ probation.
Mr. D’s appeal was dismissed. The trial judge had properly assessed the evidence and witness testimony, and Mr. D’s lawyer’s treatment of the evidence would not have impacted the out-come of the trial. The internet prohibition was considered a reasonable condition in light of the convictions. Mr. D was allowed to use the internet for work purposes.
Criminal Offence(s): Sexual Assault