SELECTED CASE LAW
In 2017 BCCA 350, Mr. A pleaded guilty to making and possessing child pornography and for sexual interference with a child under the age of 16 at trial.
Mr. A had abused his neighbour’s child, Ms. M, when she was between the ages of four and six years old. He was between the ages of 40 and 43 when he abused her while he was babysit-ting her and in a position of trust. Her parents were very close with Mr. A and his wife and viewed them as family. A Danish police detective who found the child pornography online re-ported Mr. A’s IP address to the RCMP who searched his computer and located 2,300 images and 27 videos of child pornography, over 200 were of Mr. A abusing Ms. M. Mr. A admitted to trading these images online for other images of adults abusing children.
He was sentenced to eight years’ imprisonment.
Mr. A appealed the sentence, arguing that the trial judge had not properly assessed the Gladue factors.
The appeal court found that the trial judge had properly assessed the Gladue factors, including Mr. A’s own history of sexual abuse, finding the “depravity and cruelty” of Mr. A’s conduct overwhelmed the Gladue factors. The court noted Mr. A “assured the continued victimization of J.M. by distributing her photos on the internet, which photos will likely circulate indefinitely.”
Mr. A’s sentence was varied in respect to the court orders prohibiting his access to the internet. It was reduced from 20 years to 10 years and he was allowed to use the internet for employment purposes and to communicate with his family.
Also see: 2016 BCSC 1449 (Sentencing); 2017 BCCA 85 (Appeal), 2016 BCSC 144.