SELECTED CASE LAW
In 2016 SKQB 123, Mr. G, a 27-year-old man, pleaded guilty to making available child pornography and possessing child pornography. He was discovered when he provided access to 25 child pornography files via GigaTrive, a file sharing network, to an undercover officer. The undercover officer also captured screenshots of 2,126 other files. Under a warrant, the police seized Mr. G’s computer, laptop and two “DataLocker” external hard drives that had military grade encryption on them and could not be opened. Mr. G was charged at the first trial on the evidence that was accessible. He was warned that when the police cracked the hard drive there could be additional charges. He was sentenced to two-years less a day incarceration, and three years’ probation.
When the police were able to crack the encryption on the hard drives some time later, they un-covered 12,775 unique images and videos surreptitiously taken of boys in a changing room and one of a boy urinating, that were focused on the boys’ genitals. The videos were of boys under his care as a volunteer with the Big Brothers Big Sisters organization. Mr. G was further charged with voyeurism, possessing child pornography and making child pornography. The accused pled autrefois acquit and autrefois convict but failed to establish a basis for these pleas. Mr. G later pled guilty to the offences. His failure to assist in the investigation was not an aggravating circumstance and the surreptitious filming of the child pornography was considered at the “lower end” of the scale, but the fact that he was in a position of trust to the boys he filmed and the sheer number of child pornography images he had was an aggravating factor. He was sentenced to 29-months’ incarceration, 3-years’ probation and ancillary orders including a DNA order, a lifetime registration as a sex offender, a 5-year prohibition from being near places where people under the age of 16 are, a 5-year prohibition from using a computer to communicate with people under 16, and a forfeiture order.
Also see: 2015 SKQB 372 (Application for autrefois acquit and autrefois convict)
Criminal Offence(s): Voyeurism