SELECTED CASE LAW
In 2018 BCCA 339, Mr. F, a 63-year-old man, was found guilty of sexual interference, sexual exploitation, sexual assault causing bodily harm and distributing child pornography.
One of the abused children, Mr. F ,was Mr. C’s great uncle and acted in the role of a grandparent in his life. Mr. F also abused the boy’s friend, Mr. G. He sexually abused Mr. C between the ages of 6 to 15 and Mr. F when he was 14 years old. He was acquitted of two sexual offences and two were stayed.
Mr. F groomed the boys for sexual activity by showing them pornography and giving them marijuana. The sexual activity during this time consisted of masturbation, oral sex and anal sex. Mr. F would often photograph or film the sexual activity between them. Mr. F would email the images to Mr. C. Mr. G’s anus was damaged during the sexual activity. The boys reported the abuse several years after it stopped.
At trial, Mr. F was sentenced to 12 years in jail. Additional orders included prohibitions from being near children, working with children, communicating with children, and using the internet.
He appealed his conviction, his sentence and the lifetime restriction on communicating with children. The appeal court found that the trial judge had failed to properly consider the Gladue factors, and made a mistake when applying the totality principle. Mr. F had been forcibly re-moved from his home as a young child and forced to attend residential school where he was sexually abused.
Mr. F tried to argue the private use defence for the child pornography images, but it did not apply in this case because the sexual activity was unlawful.
His sentence was reduced to eight years in jail. The restrictions on communicating with children was removed.
Also see: 2018 BCCA 81 (Appeal); 2016 BCPC 173 (Sentencing); 2016 BCPC 157 (Trial).