Accused pled guilty to 4 offences: 2 counts of s 151 and 2 counts of s 163.1(2) CC. Crown sought 8 years. Defence sought 6 years. Accused spent 310 days of pre-trial custody in administrative segregation.
Crown submitted sentencing judge should view photos giving rise to the s 163.1(2) offences as part of sentencing.
Held: 7 years’ gaol less pretrial credit; further reduced by 6 months for administrative segregated time.
Judge declined to view photos, holding, “[t]he terrible, negative impacts of the creation and possession of child pornography are well known and well described in the case law. Judges do not have to look at this material again and again to reinforce or re-state these conclusions.” Court followed Prystay, 2019 ABQB 8, regarding enhanced credit: “pretrial custody timed (sic) served in segregation at the ERC is profoundly different than the same time served in the general prison population. Inmates are confined to their cell for 23 hours a day, have little access to programs or exercise opportunities, and are deprived of any meaningful human contact.”
C. Ackland – Amicus Curiae