Voyeurism, Possessing child sexual abuse material

R. v. J.D.B.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked2 years in custody1
Judge imposed18 months in custody (1 year and 6 months consecutive), then 24 months probation1
190 days less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked2 years in custody
Judge imposed18 months in custody
Defence asked15 months in custody
For voyeurism (CC 162(1)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with no mandatory minimum. The sentence imposed is 15% of the maximum. Read the section.

The offender was found guilty after trial of possessing child pornography and voyeurism for secretly video recording a minor through a bathroom window near Sydney in April 2022. The Crown sought two years in custody followed by two years of probation; the defence sought 15 months. Justice Bodurtha imposed 18 months in custody (one year and six months, consecutive) followed by 24 months of probation, stressing denunciation and deterrence.

In the judge's words

Denunciation and deterrence must be at the forefront of a sentencing of this nature, and an 18-month jail sentence addresses that. It sends a strong message to the public that offences like these will come with significant punishment even if the offender has no previous criminal record and has lived a pro-social life.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
15 months in custody1
Appeal
Not yet checked
Counsel
Crown: Lisa MacPhee
Defence: Steve Jameal

Sources

  1. R. v. J.D.B., 2025 NSSC 148 Court decision, CanLII, March 28, 2025[4] The Crown emphasized the need for denunciation and general deterrence for these offences and seeks a sentence of two years’ custody followed by two years' probation.[5] The Defence seeks a 15-month custodial sentence with a breakdown of one year for the s. 163.1(4) conviction and 3 months for the s. 162(1)(a) conviction.[12] J.D.B. has no prior criminal record.[57] Denunciation and deterrence must be at the forefront of a sentencing of this nature, and an 18-month jail sentence addresses that. It sends a strong message to the public that offences like these will come with significant punishment even if the offender has no previous criminal record and has lived a pro-social life.[53] Based on my review of the relevant authorities and the principles of sentencing an appropriate sentence for J.D.B. is an 18-month custodial sentence broken down as follows: … One year for the s. 163.1(4) conviction; … Six months for the s. 162(1)(a) conviction, to be served consecutively; and … Followed by 24 months’ probation.
  2. R. v. J.D.B., 2025 NSSC 148 Court decision, Courts of Nova Scotia

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