R. v. T.D., 2018 Medicine Hat Provincial Court – Revenge Porn Receives 90 Day Intermittent Jail


Sentencing of accused for publication of intimate images without consent under s. 162.1 CC. After the accused’s girlfriend ended their 3-year relationship, he became angry and posted nude pictures of her online, along with her name and derogatory comments. The next day, the accused attempted to have the images taken down, but was unsuccessful. 25-year old accused was remorseful, and had no prior record. Positive PSR.

Held: 90 days’ jail intermittent plus 12 months probation.

The gravity of the offence was high: “intimate images are exchanged on the understanding that they are private and not to be distributed to others without consent…[a] vulnerable class of victims is created when these relationships end badly and the intimate images are posted online.” Aggravating factors included violation of a position of trust, wide distribution of the images with accompanying identifying information, and the traumatic impact on the victim. 90 days’ jail intermittent plus 12 months of probation was a fit sentence in this case.

R. Robbenhaar – Defence Counsel