SELECTED CASE LAW
In 2016 ABCA 139, Mr. W pleaded guilty to possessing and distributing child pornography. At trial, he was sentenced to one-year imprisonment and three years’ probation.
Mr. W was between 33 and 35 at the time of the offences and admitted to possessing 318 images of child pornography and 99 videos of young boys. He had distributed the images to a limited number of people via a file sharing site.
He appealed his sentence, challenging the constitutionality of the one-year minimum sentence. Regardless of the mandatory minimum the trial judge would have imposed the same sentence. While waiting for the appeal to proceed he sought bail until the appeal was decided. The court did not find he had a strong enough appeal case to be released and denied his application for bail.
Also see: 2016 ABPC 57
Criminal Offence(s): Child Pornography Offences