Defence appeal from 28 month jail sentence (time served) and 3 years probation, imposed after the accused was convicted of possession of child pornography and several breach of probation offences.
Held: Appeal allowed, sentence reduced to 15 months jail. Probation upheld.
“Probation is particularly useful for offenders such as the appellant who served their entire sentence in pre-trial custody, since rehabilitative programming is usually limited while on remand: R v Mathieu,  1 SCR 723. While the main purpose of probation is to rehabilitate an offender, a court may also impose probation conditions to help protect the community: R v Shoker,  2 SCR 399″.
D. Song – Defence Counsel