Distributing child sexual abuse material, Possessing child sexual abuse material

R. v. Tate

Sentence and the Crown's position

Crown asked2 years less a day in custody1
Judge imposed2 years less a day jail (18 months concurrent for possession), then 3 years probation1

What the law allows

Maximum14 years
Crown asked2 years less a day in custody
Judge imposed2 years less a day in custody
Defence asked2 years conditional sentence
Minimum1 year struck down
For distributing child sexual abuse material (CC 163.1(3)), the Criminal Code currently allows up to 14 years, with a mandatory minimum of 1 year that courts have struck down as unconstitutional. The sentence imposed is 14% of the maximum. Read the section.

William Lee Tate pleaded guilty to transmitting, possessing and accessing child pornography after police seized devices from his home in February 2022 holding more than 60,000 images and 2,000 videos, which he had shared through a peer-to-peer network; the accessing count was stayed. The Crown sought two years less a day in custody plus three years of probation, and the defence sought a two-year conditional sentence. Justice Morley imposed two years less a day in jail, with a concurrent 18 months for possession, followed by three years of probation, finding a conditional sentence would not adequately address denunciation and general deterrence.

In the judge's words

For the reasons I am going to set out, I do not think a conditional sentence order would adequately address the need for denunciation and general deterrence in this case. I agree with the Crown that a custodial sentence of two years less a day is appropriate for the transmission count.

1

The record

Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
2 years conditional sentence1
Mandatory minimum
Found unconstitutional or not applied under a binding ruling1
Appeal
Not yet checked
Counsel
Crown: L. T. Phipps
Defence: R. S. Horne

Sources

  1. R. v. Tate, 2025 BCSC 2254 Court decision, CanLII, October 24, 2025[4] The Crown asks for a custodial sentence of two years less a day (so, the maximum amount of provincial time) plus three years' probation.[5] The Defence asks for a two-year conditional sentence order under house arrest.[41] While s. 163.1(3) and (4) both have mandatory minimums, these have been declared to be of no force and effect in British Columbia: R. v. Swaby, 2018 BCCA 416 and R. v Mollon, 2019 BCSC 423.[2] William Lee Tate has pled guilty to one count each of transmitting, possessing and accessing child pornography contrary to ss. 163.1(3), 163.1(4) and 163.1(4.1) between October 2019 (the date the underlying investigation started) and February 2022 (when Mr. Tate's home was searched and various electronic storage devices were seized).[7] For the reasons I am going to set out, I do not think a conditional sentence order would adequately address the need for denunciation and general deterrence in this case. I agree with the Crown that a custodial sentence of two years less a day is appropriate for the transmission count.[83] … b) Upon surrender into the custody of the VIRCC, you will serve a period of imprisonment of two years less one day on the third count of the indictment. … c) Upon surrender into custody of the VIRCC, you will serve a period of imprisonment of eighteen months on the first count of the indictment, to be served concurrently with your term of imprisonment on the third count. … d) On the completion of your period of imprisonment for the third count of the indictment, you must serve a three-year term of probation with the following conditions:
  2. R. v. Tate, 2025 BCSC 2254 Court decision, Courts of British Columbia

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