Making child sexual abuse material, Distributing child sexual abuse material
R. v. G.J.H.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to making and transmitting child pornography after recording the sexual assault of a girl at a house party and sending the videos to others over social media. The Crown sought two years less a day of imprisonment followed by probation; the defence sought an 18-month conditional sentence. Justice Majawa imposed eight months' imprisonment on each count, concurrent, followed by 18 months of probation, finding the case unlike typical child pornography cases but concluding that a conditional sentence would not adequately denounce and deter the conduct.
In the judge's words
1As referenced earlier, the particular circumstances of the offences and the offender in this case are not the circumstances typically referred to in the jurisprudence involving sentencing for child pornography related offences. They are also not significantly similar to the cases involving the distribution of intimate images without consent.
The record
- Convicted of
- Making child sexual abuse material (CC 163.1(2))
- Distributing child sexual abuse material (CC 163.1(3))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 18 months conditional sentence1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: D. Wightman
Defence: N. Bauder
Sources
- R. v. G.J.H., 2024 BCSC 318 Court decision, CanLII, February 22, 2024
[2] The Crown seeks a sentence of imprisonment of two years less a day, consisting of one year on one count and one year less a day on the other to be served consecutively. The Crown submits that this should be followed by one year of probation.
[3] Mr. … submits that the appropriate sentence is a conditional sentence order ("CSO") with strict conditions for a period of 18 months followed by a period of one year of probation.
[82] Parliament provided for mandatory minimum sentences of one year for each offence. However, the mandatory minimum sentences for making child pornography (s. 163.1(2)) and transmitting child pornography (s. 163.1(3)) have both been found to be unconstitutional by this Court: K.M., and R. v. Mollon, 2019 BCSC 423.
[67] That being said, I find that there are a number of mitigating factors in this case. … has no criminal record prior to these offences;
[86] As referenced earlier, the particular circumstances of the offences and the offender in this case are not the circumstances typically referred to in the jurisprudence involving sentencing for child pornography related offences. They are also not significantly similar to the cases involving the distribution of intimate images without consent.
[122] Mr. …, I sentence you to eight months imprisonment on the count of making child pornography. You are also sentenced to eight months imprisonment on the count of distributing child pornography. These sentences are to be served concurrently; consequently, you are a sentenced to a total of eight months imprisonment. … [123] Following the completion of your sentence of imprisonment, you are sentenced to 18 months of probation.
- R. v. G.J.H., 2024 BCSC 318 Court decision, Courts of British Columbia