Possessing child sexual abuse material
R. v. Adams
- Below the Crown's ask
Sentence and the Crown's position
Crown asked2 years in custody1
Judge imposed16 months in custody less 90 days' credit, then 2 years probation1
250 days less custody than the Crown asked
What the law allows
Maximum10 years
Crown asked2 years in custody
Judge imposed16 months in custody
Defence asked12 months in custody
Minimum1 year struck down
Trenton Clifford Jonathan Adams pleaded guilty to possession of child pornography after police found 357 images and five videos on his devices. The Crown sought two years in custody followed by two years of probation; the defence sought a 12 to 15-month jail term. Justice MacDonald found 18 months appropriate, reduced it by two months for his health conditions, and imposed 16 months less 90 days of credit, followed by two years of probation.
In the judge's words
1In my view, an 18-month sentence addresses the primacy of denunciation and deterrence in these circumstances. To the extent he is open to it, rehabilitation can be facilitated by treatment. A focus on rehabilitation is always important.
The record
- Convicted of
- Possessing child sexual abuse material (CC 163.1(4))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 12 months in custody1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: A.T. Vandersluys
Defence: J. Pennington
Sources
- R. v. Adams, 2022 BCSC 2289 Court decision, CanLII, December 12, 2022
[4] The Crown asserts a just and fit sentence in the circumstances is a custodial sentence of two years in a provincial institution.
[6] Counsel for Mr. Adams submits that a 12 to 15-month jail term is an appropriate sentence in the circumstances.
[10] This offence has a maximum sentence of ten years, but no minimum sentence following Justice Winteringham's ruling that the mandatory minimum sentence provision in the Code was unconstitutional: R. v. Hamlin, 2019 BCSC 2266.
[1] On January 24, 2022, Trenton Clifford Jonathan Adams pleaded guilty to possession of child pornography contrary to s. 163.1(4) of the Criminal Code, R.S.C. 1985, c. C-46 [Code].
[16] Mr. Adams currently lives with his mother in Vanderhoof and his mother financially supports him. Mr. Adams has no prior criminal history.
[57] In my view, an 18-month sentence addresses the primacy of denunciation and deterrence in these circumstances. To the extent he is open to it, rehabilitation can be facilitated by treatment. A focus on rehabilitation is always important.
[62] Considering the facts of this case, your background, the aggravating and mitigating circumstances, and the principles of sentencing, I have decided that a fit and proportionate aggregate sentence in your case is a sentence of 16 months for the possession of child pornography. Counsel agree that your sentence is to be reduced by the amount of time you have already served, which will be credited at time and one half. It is calculated to be 90 days. … [64] Your incarceration is to be followed by two years' probation.
- R. v. Adams, 2022 BCSC 2289 Court decision, Courts of British Columbia