R. v. Waygood

R. v. Waygood

Balancing denunciation and deterrence with the offender's lack of prior record and low assessed risk, the court concluded the appropriate sentence is concurrent terms of nine months on counts 1 and 2 and 14 months on count 3 (effective sentence 14 months), followed by three years probation, a DNA order and a 20-year sex offender registration, and forfeiture and destruction of the seized hard drive; statutory aggravating features were not found to apply but the intrusive nature of the images was an aggravating factor warranting a custodial sentence above pre-minimum levels.

Citation
2017 BCSC 2692
Parties
Crown: Regina; Accused: Kelly Robyn Waygood
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 June 2017
Procedural Posture
Criminal Child Pornography (possession, Accessing, Making Available) / Sentencing (oral Reasons for Sentence)
Outcome
Accused convicted; effective custodial sentence of 14 months imprisonment; three years probation; DNA order; 20-year sex offender registration; forfeiture and destruction of seized hard drive; conditional return of desktop computer.
Legal Topics
Mandatory Minimum Sentences, Deterrence and Denunciation, Rehabilitation, Probation Conditions, DNA Orders, Sex Offender Registration
Source Language
English
Criminal Law Sexual Offences Sentencing Child Pornography Forfeiture Mandatory Minimum Sentences Deterrence and Denunciation Rehabilitation +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Crown

Kelly Robyn Waygood

Accused

Procedural Posture

Criminal Child Pornography (possession, Accessing, Making Available) / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate custodial sentence for possession/accessing/making available child pornography
  2. 2 Application and weight of mandatory minimum sentence for making available
  3. 3 Whether statutory aggravating features under s.718.2(ii.1) and (iii.1) apply

Ratio Decidendi

Balancing denunciation and deterrence with the offender's lack of prior record and low assessed risk, the court concluded the appropriate sentence is concurrent terms of nine months on counts 1 and 2 and 14 months on count 3 (effective sentence 14 months), followed by three years probation, a DNA order and a 20-year sex offender registration, and forfeiture and destruction of the seized hard drive; statutory aggravating features were not found to apply but the intrusive nature of the images was an aggravating factor warranting a custodial sentence above pre-minimum levels.

Court Disposition

Accused convicted; effective custodial sentence of 14 months imprisonment; three years probation; DNA order; 20-year sex offender registration; forfeiture and destruction of seized hard drive; conditional return of desktop computer.

Orders

  • Count 1: nine months' imprisonment (concurrent with Count 2)
  • Count 2: nine months' imprisonment (concurrent with Count 1)