Possessing child sexual abuse material

R. v. Perez

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked15 months in custody1
Judge imposed8 months jail, then 2 years probation1
7 months less custody than the Crown asked

What the law allows

Maximum10 years
Crown asked15 months in custody
Judge imposed8 months in custody
Defence asked2 years less a day conditional sentence
Minimum1 year struck down
For possessing child sexual abuse material (CC 163.1(4)), the Criminal Code currently allows up to 10 years when the Crown proceeds by indictment, with a mandatory minimum of 1 year that courts have struck down as unconstitutional. The sentence imposed is 7% of the maximum. Read the section.

Daniel Ros Perez pleaded guilty to possession of child pornography, a collection of 1,741 files. The Crown sought 15 to 18 months in jail; the defence sought a conditional sentence of two years less a day. Justice Morellato imposed eight months in jail followed by two years of probation, finding that his mitigating circumstances, including no criminal record, his guilty plea and remorse, made the Crown's range unfit, but that a conditional sentence would not meet denunciation and deterrence.

In the judge's words

In the final analysis, I am of the view that a term of incarceration is essential having regard to the principal of proportionality, weighing the seriousness of Mr. Perez's offence with his moral blameworthiness and having regard to the aggravating and mitigating factors. In this light, and giving primacy to the principles of general deterrence and denunciation, I am firmly of the view that an eight-month jail term is a fit and proportionate one, consistent with the circumstances before me.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Mandatory minimum
Found unconstitutional or not applied under a binding ruling1
Appeal
Not yet checked
Counsel
Crown: B. Bellrichard
Defence: G. Verdurmen

Sources

  1. R. v. Perez, 2026 BCSC 1480 Court decision, CanLII, June 30, 2026[3] The Crown's seeks a sentence of 15 to18 months in jail and 36 months of probation with conditions, as well as a DNA order, a SOIRA order for 20 years, a victim fine surcharge of $200, and forfeiture of the offence property.[4] The defence submits that Mr. Perez should receive a jail sentence of two years less a day, to be served in the community by way of a s. 742 conditional sentence order under the Criminal Code, R.S.C. 1985, c. C-46, followed by a two-year period of probation or, alternatively, a three-year period of probation with community service.[53] In R. v. Hamlin, 2019 BCSC 2266, Justice Winteringham, as she then was, struck down as unconstitutional the one-year mandatory minimum sentence under s. 163.1(4)(a).[1] Mr. Daniel Ros Perez has pleaded guilty to a single count of Possession of Child Pornography occurring from May 29, 2022 to October 12, 2022.[64] I have also considered the following mitigating factors in Mr. Perez's case: … 1) As noted earlier in these Reasons, Mr. Perez is 57 years old with no criminal record.[75] In the final analysis, I am of the view that a term of incarceration is essential having regard to the principal of proportionality, weighing the seriousness of Mr. Perez's offence with his moral blameworthiness and having regard to the aggravating and mitigating factors. In this light, and giving primacy to the principles of general deterrence and denunciation, I am firmly of the view that an eight-month jail term is a fit and proportionate one, consistent with the circumstances before me.[84] Having regard to the gravity of the offence you have committed, your particular circumstances, the applicable sentencing principles and the prevailing authorities, I sentence you as follows: … On the single count of possession of child pornography, I sentence you to eight months in jail, followed by two years of probation.
  2. R. v. Perez, 2026 BCSC 1480 Court decision, Courts of British Columbia

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