August 26th, 2020

Evidence Of Other User Access To Computer With Child Pornography – R v JMW, 2020 Alberta Court of Appeal (Calgary)

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Defence appeal of child pornography convictions. Circumstantial case. The son of the appellant, called by the Crown, vaguely testified in direct examination that he himself did use child pornography in the relevant timeframe. In cross-examination, he confirmed that about 80 other people would have had access to the computers too. Trial Crown incorrectly claimed that … Read More.

June 3rd, 2019

Child Pornography Sentence Reduced On Appeal Due to Remand Segregation – R v G.K.S., 2019 Edmonton Provincial Court

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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: … Read More.

December 8th, 2017

6 Month Sentence For Child Pornography Possession – R v B, 2017 Edmonton Provincial Court

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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 Admitted on guilty plea to pornography charge and breach charge withdrawn.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 … Read More.