Possessing child sexual abuse material, Breach of recognizance (peace bond)
R. v. Isbister
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Kelly Isbister pleaded guilty to possessing child pornography and breaching a s. 810.1 recognizance, after police found further images on a second phone eight months after seizing his first. The Crown sought a global sentence of three years in jail. Justice Blok imposed 27 months in jail, less 369 days of credit, reducing a 30-month sentence by three months for his lengthy time on strict release conditions.
In the judge's words
1In my view, given the gravity of these offences, Mr. Isbister's reoffending with further child pornography just eight months after being arrested for possession of child pornography, the nature of his criminal antecedents, the various Parole Board assessments, and his moral blameworthiness in these offences, a penitentiary sentence is called for. A CSO is therefore not available here.
The record
- Convicted of
- Possessing child sexual abuse material (CC 163.1(4))
- Breach of recognizance (peace bond) (CC 811)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: S. Domaradzki, S. Wan
Defence: J. Sicotte
Sources
- R. v. Isbister, 2024 BCSC 1836 Court decision, CanLII, September 13, 2024
[71] The Crown submits that a global three‑year jail sentence is appropriate in this case.
[1] THE COURT: On July 31, 2023, Kelly Isbister pleaded guilty to one count of possessing child pornography and one count of breaching a s. 810.1 recognizance.
[132] In my view, given the gravity of these offences, Mr. Isbister's reoffending with further child pornography just eight months after being arrested for possession of child pornography, the nature of his criminal antecedents, the various Parole Board assessments, and his moral blameworthiness in these offences, a penitentiary sentence is called for. A CSO is therefore not available here.
[163] For the offences for which you have been convicted, I impose a global sentence of 27 months in jail. … [164] Against that sentence, which equates to 810 days, you are entitled to credit for time served of 369 days, leaving you with a net remaining sentence of 441 days.
- R. v. Isbister, 2024 BCSC 1836 Court decision, Courts of British Columbia