Extortion, Distributing child sexual abuse material, Luring a child, Possessing child sexual abuse material
R. v. N.S.F.K.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to distributing and possessing child pornography, child luring and extortion after using a false identity to contact over 20 boys aged 11 to 14 online and seek sexual images from them. Crown and defence jointly proposed three and a half years in custody. Justice Ball accepted the joint submission and imposed three and a half years' imprisonment, noting that the offender was a 27-year-old first-time offender but that a significant sentence of incarceration was required.
In the judge's words
1It is clear he does have a future, but it is also clear that in this case a significant sentence of incarceration is required.
The record
- Convicted of
- Extortion (CC 346)
- Distributing child sexual abuse material (CC 163.1(3))
- Luring a child (CC 172.1)
- 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
- 3 years and 6 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J.L. Fogel and C.L. Yardley
Defence: M.P. Klein, K.C.
Sources
- R. v. N.S.F.K., 2022 BCSC 2324 Court decision, CanLII, September 2, 2022
both experienced counsel, before the Court have presented a joint sentence submission and that submission is for a sentence of three and a half years in custody, coupled with a number of ancillary orders.
both experienced counsel, before the Court have presented a joint sentence submission and that submission is for a sentence of three and a half years in custody, coupled with a number of ancillary orders.
[13] … while not young, he is 27 years old and a first-time offender.
[13] … It is clear he does have a future, but it is also clear that in this case a significant sentence of incarceration is required.
[14] So as I said, I am completely satisfied that this is an appropriate case for the Court to accept the proposed sentence of three and a half years. A sentence of one year on each of the first two counts concurrent with one another and consecutive to Counts 3 and 4, on which there will be a two‑and‑a‑half-year sentence on each count concurrent with each other, but consecutive to Counts 1 and 2, so that the total sentence in terms of time is three and a half years.
- R. v. N.S.F.K., 2022 BCSC 2324 Court decision, Courts of British Columbia