Distributing child sexual abuse material
R. v. X
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to transmitting, making available or distributing child pornography, after sending images he had secretly recorded of a child to an undercover FBI employee. The Crown sought 36 to 42 months imprisonment and the defence a conditional sentence of two years less a day. Justice Funt imposed 36 months imprisonment, the low end of the Crown's range, giving weight to the offender's counselling and developing insight.
In the judge's words
1In arriving at 36 months imprisonment, which is the lowest sentence the Crown recommends, I have given weight to the fact that X has sought counselling, is receptive to more counselling, and has developed some insight as to the harm he caused. Absent such, I would have sentenced X to 42 months imprisonment.
The record
- Convicted of
- Distributing child sexual abuse material (CC 163.1(3))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: A. Lerchs
Defence: J. Pennington
Sources
- R. v. X, 2022 BCSC 1594 Court decision, CanLII, September 9, 2022
[4] The Crown asks that X be sent to jail. The Crown submits that the appropriate sentence is 36 to 42 months imprisonment, plus 10 years of probation and many common ancillary orders including some in relation to child pornography convictions.
[5] X's counsel submits that a two-year less a day conditional sentence, with a further period of 2 years of probation and ancillary orders, some crafted, would be appropriate.
[38] X does not have a criminal record.
[79] In arriving at 36 months imprisonment, which is the lowest sentence the Crown recommends, I have given weight to the fact that X has sought counselling, is receptive to more counselling, and has developed some insight as to the harm he caused. Absent such, I would have sentenced X to 42 months imprisonment.
[80] X, the Court sentences you on Indictment 47487-2 Penticton Registry to 36 months of imprisonment on Count #2.
- R. v. X, 2022 BCSC 1594 Court decision, Courts of British Columbia