Sentence Watch

Making sexually explicit material available to a child

R. v. A.B.

A publication ban applies. The offender is not named.

  • Below the Crown's ask
Crown asked18 months in custody1
Judge imposed12 months custody, then 2 years probation1
6 months less custody than the Crown asked

What the law allows

Maximum14 years
Crown asked18 months in custody
Judge imposed12 months in custody
Defence asked90 days conditional sentence
Minimum6 months
For making sexually explicit material available to a child (CC 171.1), the Criminal Code currently allows up to 14 years when the Crown proceeds by indictment, with a mandatory minimum of 6 months. The sentence imposed is 7% of the maximum. Read the section.

The offender pleaded guilty to making sexually explicit material available to a person under 16, after sending a picture of his erect penis to a 15-year-old girl over whom he held a position of trust. The Crown sought 18 months of custody followed by probation; the defence asked for three to six months served in the community and argued the six-month mandatory minimum was unconstitutional. Judge Heerema imposed 12 months of custody followed by two years of probation, saying a clear message must be sent that children are off-limits sexually, and declined to rule on the minimum because the sentence exceeded it.

In the judge's words

A clear message must be sent to A.B. and to all members of society that children are off-limits sexually, especially to those who are trusted adults in their lives.

1

The record

Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
90 days conditional sentence1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: Alex Keaveny
Defence: Michelle James

More cases by The Honourable Judge Mark Heerema

  1. July 30, 2026
    R. v. Jarvis, 2026 NSPC 37Aggravated assault, Beechville
    • Below the Crown's ask
    3 years in a federal penitentiary, with DNA and weapons prohibition orders

More making sexually explicit material available to a child cases

  1. January 20, 2026
    R. v. L.P., 2026 NSPC 48Possessing child sexual abuse material; Luring a child; Making sexually explicit material available to a child, Halifax. Judge Christine Driscoll
    • Below the Crown's ask
    16 months jail (12 months concurrent on luring/s. 171.1, 4 months consecutive on s. 163.1), then 18 months probation
  2. February 16, 2024
    R. v. W.H., 2024 BCSC 336Sexual assault of a person under 16; Invitation to sexual touching; Making child sexual abuse material; Distributing child sexual abuse material; Making sexually explicit material available to a child; Incest, Courtenay. Justice Janet Winteringham
    • Below the Crown's ask
    Long-term offender designation; 18 years in prison (10 years for the sexual offences plus 8 years consecutive for the child sexual abuse material offences) less 1,462 days of credit, followed by a 10-year long-term supervision order
  3. January 5, 2024
    R. v. B.K., 2024 NSPC 4Possessing child sexual abuse material; Luring a child; Making sexually explicit material available to a child, Dartmouth. Judge Theodore K. Tax
    18 months combined imprisonment (15 months luring plus 10 months consecutive for possession, reduced for totality; 12 months concurrent), then 18 months probation
  4. December 14, 2023
    R. v. J.B., 2023 NSSC 427Invitation to sexual touching; Sexual exploitation of a young person; Making sexually explicit material available to a child, Sydney. Justice Patrick J. Murray
    • Below the Crown's ask
    40 months incarceration (global), plus ancillary orders including a s. 161 order

More from the Provincial Court of Nova Scotia

  1. August 25, 2026
    R. v. Beals, 2026 NSPC 43Operation with blood alcohol over the legal limit; Breach of a release order; Possession of a Schedule I or II substance for the purpose of trafficking, Dartmouth. Judge Timothy G. Daley
    2 years less a day conditional sentence (house arrest for 12 months, then curfew), then 2 years probation
  2. July 30, 2026
    R. v. Jarvis, 2026 NSPC 37Aggravated assault, Beechville. Judge Mark Heerema
    • Below the Crown's ask
    3 years in a federal penitentiary, with DNA and weapons prohibition orders
  3. July 28, 2026
    R. v. Keddy, 2026 NSPC 36Failure to comply with a sex offender registration order, Dartmouth. Judge Timothy G. Daley
    90 days in custody, straight time
  4. July 24, 2026
    R v Chen, 2026 NSPC 47Fraud over $5,000, Halifax. Judge Elizabeth A. Buckle
    2 years less a day conditional (12 months house arrest, 200 hours community service), then 3 years probation

All cases from the Provincial Court of Nova Scotia (71)

Sources

  1. R. v. A.B., 2024 NSPC 9 Court decision, CanLII, January 25, 2024[6] The Crown submits that an appropriate sentence in this case is one of 18 months of incarceration, followed by two years of probation, a DNA order and a SOIRA order.[5] He asks this Court not to apply the statutorily imposed minimum sentence and submits that three to six months of incarceration served in the community should be imposed, followed by 18 months of probation.[60] I return to the application by A.B. to have this court declare that the mandatory minimum in s. 171.1(2)(a) is unconstitutional in his case. I have found that a proper and fit sentence for A.B. exceeds the mandatory minimum sentence of 6 months.[47] … He is a man without a criminal record, and I can and do infer that this behaviour is out of character.[50] … A clear message must be sent to A.B. and to all members of society that children are off-limits sexually, especially to those who are trusted adults in their lives.[54] I believe that an appropriate sentence in this case is one of 12 months of custody, followed by two years of probation.
  2. R. v. A.B., 2024 NSPC 9 Court decision, Courts of Nova Scotia

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