Making child sexual abuse material, Agreement or arrangement to commit a sexual offence against a child
R. v. Moorehouse
Sentence and the Crown's position
What the law allows
Peter Alan Moorhouse pleaded guilty to making child pornography and to making an arrangement to commit a sexual offence against a child, arising from a month of online messages with another man about sexually abusing two girls. Crown and defence jointly recommended the one-year mandatory minimum on each count, consecutive. Judge Chisholm imposed 12 months on each count, consecutive, for 24 months' imprisonment, placing primary emphasis on denunciation and deterrence.
In the judge's words
1This Court has concluded that a fit and proportionate sentence for the offender contrary to section 172.2 offence would be a term of imprisonment of 12 months. Such a sentence reflects the circumstances of the offence and the offender. It takes into consideration the consequences suffered by the accused as a result of his arrest and charges and it balances the sentencing objectives of denunciation, deterrence and rehabilitation, placing primary emphasis on denunciation and deterrence.
The record
Sources
- R. v. Moorehouse, 2024 NSPC 17 Court decision, CanLII, February 22, 2024
[77] The Crown recommended the imposition of a sentence of one year imprisonment on the section 163.1 offence just as was imposed on Mr. Moraga for his involvement in the same offence. The Crown also recommended a sentence of one year imprisonment, consecutive, on the 172.2 offence.
[78] Defence initially recommended that the Court conduct a section 12 Charter analysis … On the final day of the sentence hearing the defence withdrew their motion regarding the validity of the mandatory minimum sentence provisions. Defence urged the court to impose a period of imprisonment of 12 months on each offence to be served consecutively.
[2] The Crown elected to proceed by Indictment. Each of the offences carries a maximum penalty of 14 years imprisonment and a mandatory minimum penalty of 1 year imprisonment.
[1] The offender, Peter Alan Moorhouse, is before the Court for sentencing on two offences to which he pleaded guilty
[11] The offender is now 50 years of age, having been 48 years old at the time of the commission of the offences. He has no prior criminal convictions.
[142] This Court has concluded that a fit and proportionate sentence for the offender contrary to section 172.2 offence would be a term of imprisonment of 12 months. Such a sentence reflects the circumstances of the offence and the offender. It takes into consideration the consequences suffered by the accused as a result of his arrest and charges and it balances the sentencing objectives of denunciation, deterrence and rehabilitation, placing primary emphasis on denunciation and deterrence.
[144] This court sentences the offender to a period of imprisonment of 12 months on the 163.1 count and to a period of imprisonment of 12 months consecutive on the section 172.2 offence.
- R. v. Moorehouse, 2024 NSPC 17 Court decision, Courts of Nova Scotia