Extortion, Distributing child sexual abuse material, Luring a child, Criminal harassment

R. v. Coban

Sentence and the Crown's position

Crown asked12 years in custody1
Judge imposed13 years global (8 years extortion, 1 year consecutive for possession of child pornography for distribution, 4 years consecutive for luring, 6 years concurrent for criminal harassment), consecutive to his Dutch sentence1

What the law allows

MaximumLife imprisonment
Crown asked12 years in custody
Judge imposed13 years in custody
Defence asked2 years in custody
For extortion (CC 346), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Aydin Coban was found guilty by a jury of extortion, possession of child pornography for the purpose of distribution, possession of child pornography, child luring and criminal harassment, for an online sextortion campaign against a girl aged 12 to 15 between November 2009 and February 2012. The Crown sought 23 years reduced to 12 years for totality; the defence primarily sought an effective 2 years consecutive to the sentence he was serving in the Netherlands. Justice Devlin stayed the simple possession count and imposed a global sentence of 13 years, consecutive to his Dutch sentence, finding that the gravity of the offences and his responsibility fell at the most severe end of the spectrum.

In the judge's words

[178] Balancing all of the relevant factors, I am of the view that a global sentence of 13 years is a proportionate, fit, and proper sentence. This sentence serves to denounce Mr. Coban's conduct and to deter him and others from engaging in such egregious conduct in the future.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2 years in custody1
Appeal
Not yet checked
Counsel
Crown: L.J. Kenworthy, H. Guinn, K. LeNoble, M. Daigle
Defence: J. Saulnier, E. Holzman

Sources

  1. R. v. Coban, 2022 BCSC 1810 Court decision, CanLII, October 14, 2022[8] The Crown submits the appropriate sentence is a global sentence of 23 years' imprisonment, reduced to 12 years by application of the totality principle.[64] The defence seeks an effective global sentence of 2 years' imprisonment when accounting for totality and made consecutive to the Dutch offences.[6] Aydin Coban is before this Court for sentencing for five offences, all of which pertain to … committed between November 2009 and February 2012.[178] Balancing all of the relevant factors, I am of the view that a global sentence of 13 years is a proportionate, fit, and proper sentence. This sentence serves to denounce Mr. Coban's conduct and to deter him and others from engaging in such egregious conduct in the future.[182] Therefore, your total global sentence is 13 years imprisonment. … [183] This sentence is to run consecutively to the sentence you are presently serving for your convictions in the Netherlands.
  2. R. v. Coban, 2022 BCSC 1810 Court decision, Courts of British Columbia

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