Accused originally charged with possession of child pornography and breach of bail. Admitted on guilty plea to pornography charge and breach charge withdrawn. As part of resolution Crown agreed to re-elect to summary conviction proceeding from indictment, reducing the mandatory minimum jail sentence available from 1 year to 6 months. Joint submission for minimum available of 6 months, followed by probation requiring counseling.
Defence argued Crown’s request for an order under s. 161 of the Criminal Code restricting accused’s mobility, contact with children and access to the internet for a period of 10 years following his release was not justified given the evidence. Accused admitted to a total of 12 images of nude females apparently under the age of 18 constituting child pornography. None involved the subjects involved in sexual activity, although some had memes that referenced same. In addition, accused admitted that 6 stories authored by parties unknown also were possessed and met the definition of child pornography. Psychological risk assessment submitted by defence concluded that the accused was at low to very low risk of re-offending. Accused very remorseful, and demonstrated a long record of positive contributions to society and continued support in same.
Held: Joint submission upheld by the Court as entirely reasonable and ruled against the need for a s. 161 order. DNA and SOIRA ordered.