Making sexually explicit material available to a child, Luring a child, Possessing child sexual abuse material
R. v. L.P.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender was found guilty after trial of child luring, making sexually explicit material available to a child, and a child sexual abuse and exploitation material offence, arising from online communications with a 12-year-old. The Crown sought 18 months in custody; the defence sought a conditional sentence of 12 to 15 months. Judge Driscoll imposed 16 months in custody followed by 18 months of probation, finding that a conditional sentence could not provide the denunciation and deterrence the facts required.
In the judge's words
1In all the circumstances, I am not satisfied that a CSO, even a lengthy one with punitive conditions, can provide the strong message of denunciation and deterrence that these facts require.
The record
- Convicted of
- Making sexually explicit material available to a child (CC 171.1)
- Luring a child (CC 172.1)
- Possessing child sexual abuse material (CC 163.1(4))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 12 months conditional sentence1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: Adam McCulley
Defence: Donald Murray, K.C.
Sources
- R. v. L.P., 2026 NSPC 48 Court decision, CanLII, January 20, 2026
[8] The crown is seeking a total sentence of 18 months in custody (s. 171.1(1)(a) 12 months, s. 172.1(1)(a) 12 months concurrent, s. 163.1(4) 6 months consecutive) to be followed by probation of 2 years.
[9] The defence is seeking a Conditional Sentence Order of 12-15 months followed by 18 months of probation, the appropriate SOIRA order, DNA, and a s. 161 prohibition order (no specific time).
[21] The section 171.1(1)(a) offence and the s. 172.1(1)(a) offence each have a maximum sentence of 14 years and no minimum sentence that is constitutional. The s. 163.1 offence has a ten-year maximum and no constitutional minimum.
[61] On the other hand, the accused has no record.
[74] In all the circumstances, I am not satisfied that a CSO, even a lengthy one with punitive conditions, can provide the strong message of denunciation and deterrence that these facts require.
[67] Therefore the final sentence is 12 months on the 171.1(1)(a) and the 172.1(1)(a) concurrent and 4 months consecutive on the s. 163.1 offence. … [74] In all the circumstances, I am not satisfied that a CSO, even a lengthy one with punitive conditions, can provide the strong message of denunciation and deterrence that these facts require. Therefore, the total sentence of 16 months will be served in an institution.
- R. v. L.P., 2026 NSPC 48 Court decision, Courts of Nova Scotia