Possessing child sexual abuse material, Accessing child sexual abuse material

R. v. J.P.M.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked30 months in custody1
Judge imposed682 days imprisonment (concurrent), less 391 days credit for pre-sentence custody, then 3 years probation1
218 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked30 months in custody
Judge imposed682 days in custody
Defence asked18 months in custody
Minimum1 year
For possessing child sexual abuse material (CC 163.1(4)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with a mandatory minimum of 1 year. The sentence imposed is 19% of the maximum. Read the section.

The offender pleaded guilty to accessing and possessing child pornography; he possessed more than 20,000 images and about 11 hours of video, much of it depicting the sexual abuse of pre-pubescent children. The Crown sought 30 months of imprisonment and the defence 18 months, both less remand credit. Justice Hoskins imposed a global sentence of 682 days followed by three years of probation, less 391 days of credit, treating harsh remand conditions (Duncan credit) as a mitigating factor and holding that denunciation and general deterrence were paramount.

In the judge's words

[175] In my view, an appropriate sentence in this case, in light of the aggravating and mitigating circumstances, (including the Duncan credit as a mitigating factor), and on consideration of the decision in Friesen and the cases that have applied it, would be a sentence in the range of 24-months imprisonment followed by a significant period of probation.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
18 months in custody1
Appeal
Not yet checked
Counsel
Crown: Robert Kennedy
Defence: Robert Jeffcock

Sources

  1. R. v. J.P.M., 2023 NSSC 314 Court decision, CanLII, August 22, 2023[52] The Crown submits that a fit and appropriate sentence is in the range of 30 months imprisonment less remand credit at a ratio of 1.5 to 1 pursuant to Section 719(3.1) of the Criminal Code.[59] The defence submits that a fit and appropriate sentence for the offences and the offender, …, is a sentence in the range of 18 months imprisonment less remand credit at a ratio of 1.5 to 1 pursuant to s. 719(3.1) of the Criminal Code and less Duncan credit.[44] … has no previous criminal convictions.[175] In my view, an appropriate sentence in this case, in light of the aggravating and mitigating circumstances, (including the Duncan credit as a mitigating factor), and on consideration of the decision in Friesen and the cases that have applied it, would be a sentence in the range of 24-months imprisonment followed by a significant period of probation.[207] The global sentence is 682 days imprisonment followed by 36 months probation, with the sentence for each offence to run currently. Enhanced credit under Summers is 261 days multiplied by 1.5 days for each day served is 391 days. Therefore, 391 days will be reduced from the global sentence of 682 days. The actual sentence going forward is 290 days imprisonment followed by three years of probation, coupled with the ancillary orders.
  2. R. v. J.P.M., 2023 NSSC 314 Court decision, Courts of Nova Scotia

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