R. v. Prince
- Citation
- 2018 BCSC 987
- Status
- Judgment
- Jurisdiction
- Canada
- Court
- Supreme Court of British Columbia
- Decision
- 7 May 2018
- Posture
- Criminal Child Pornography / Sentencing
- Language
- English
More details
- Court
- Supreme Court of British Columbia
- Decision
- 7 May 2018
- Posture
- Criminal Child Pornography / Sentencing
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Given the serious and depraved nature of the images, the statutory emphasis on denunciation and deterrence, and limited mitigation (denial of responsibility, absence of risk assessment), the court imposed concurrent custodial terms of 12 months (possession) and 36 months (possession for purpose and distribution) but applied enhanced pretrial custody credit of 1.5:1 (815 days) resulting in a net sentence effectively time served (280 days remaining reduced to time served); a conditional stay was entered on the accessing count; ancillary orders (DNA, lifetime SOIRA, s.161 prohibitions with tailored exceptions, forfeiture) and a three‑year probation with stringent conditions were ordered; victim surcharge $600 payable forthwith (default one day concurrent).
Court disposition
Accused convicted and sentenced; net custodial result effectively time served; conditional stay on accessing count; ancillary orders and probation imposed.
Orders
- Convictions entered on counts relating to possession, possession for the purpose of distribution, and distribution/making available child pornography; conditional stay on accessing count (Kienapple).
- Custodial sentences imposed concurrently: Count 1 (possession) 12 months; Count 5 (possession for purpose) 36 months; Count 6 (distribution/making available) 36 months, resulting in net sentence after credit of time served (280 days net calculated) effectively time served.
- Pretrial custody credit applied at 1.5:1 resulting in 815 days credited (543 actual days custody).
- DNA order under s.487.051 (samples for forensic DNA analysis).
- SOIRA order for life pursuant to ss.490.012 and 490.013.
- Forfeiture order under s.490.1 of the Criminal Code.
- Prohibition order under s.161(a)-(d) for 10 years with specified exceptions for contact with own children and limited internet/digital use for employment or education and monitoring provisions (residence inspections, disclosure of passwords/encryption, ISP authorizations).
- Three‑year probation order with detailed conditions including no contact with persons under 16 except as authorized, prohibition on possession/access of any child pornography or sexualized images of persons under 18, mandatory treatment assessments and compliance, employment/education requirements, and monitoring provisions.
- Victim fine surcharge of $600 (three counts at $200 each) payable forthwith; in default one day concurrent on each count.
02
Material facts
Parties
Regina
Crown Counsel: N. DevjiJesse Aaron Prince
Accused Counsel: J.H. PenningtonAmounts and remedies
- Pretrial Custody Days: 543
- Enhanced Pretrial Credit Days: 815
- Net Sentence Days: 280
- Victim Fine Surcharge Amount: CAD 600
03
Procedural history
Posture
Criminal Child Pornography / Sentencing
04
Questions and positions
Legal issues
- 01
What is the appropriate global sentence given the nature and extent of the collection and distribution activities?
- 02
What pretrial custody credit applies and how to calculate enhanced 1.5:1 credit under s.719(3.1)?
- 03
Which ancillary orders are appropriate (DNA, SOIRA, prohibitions, forfeiture)?
- 04
Application of s.11(i) Charter to sentencing regime in force at time of offence
- 05
Application of Gladue principles for an Aboriginal offender
- 06
Whether a conditional stay under Kienapple is appropriate for overlapping counts
Party arguments
- Applicant
- Crown sought a global four‑year custodial sentence concurrent on all counts, acknowledged 543 days pretrial custody and sought enhanced 1.5:1 credit (815 days), and requested ancillary orders: DNA under s.487.051, lifetime SOIRA under ss.490.012/490.013, s.161 prohibitions for 10 years, and forfeiture under s.490.1.
- Respondent
- Defence submitted an 18‑month global sentence (540 days) effectively time served, relied on s.11(i) Charter to apply lesser sentencing regime, agreed to ancillary orders but sought modifications to protect contact with his young children, and asked for a probation order.
05
Court’s reasoning
Legal principles
- 01
s.718.01 Criminal Code; R. v. Allen
Denunciation and general deterrence are the primary considerations where the offence involved the abuse of persons under 18
- 02
s.718 and R. v. Lacasse
A sentence must be proportionate to the gravity of the offence and the offender's degree of responsibility
- 03
s.718.2(e) Criminal Code; R. v. Athey
Gladue principles require consideration of unique systemic and background factors of Aboriginal offenders when sentencing
- 04
s.719(3.1) Criminal Code; R. v. Summers; R. v. Carvery; R. v. Romanchych
Pretrial custody credit may be enhanced to account for loss of remission/parole where appropriate (commonly 1.5:1)
- 05
Charter s.11(i); R. v. K.R.J.
Where punishment is reduced between offence and sentence, the offender is entitled to the lesser punishment
- 06
R. v. Kienapple
Kienapple principle permits stay of one of overlapping counts where they constitute the same criminal act or facts
06
Ratio, limits and disposition
Ratio decidendi
Given the serious and depraved nature of the images, the statutory emphasis on denunciation and deterrence, and limited mitigation (denial of responsibility, absence of risk assessment), the court imposed concurrent custodial terms of 12 months (possession) and 36 months (possession for purpose and distribution) but applied enhanced pretrial custody credit of 1.5:1 (815 days) resulting in a net sentence effectively time served (280 days remaining reduced to time served); a conditional stay was entered on the accessing count; ancillary orders (DNA, lifetime SOIRA, s.161 prohibitions with tailored exceptions, forfeiture) and a three‑year probation with stringent conditions were ordered; victim surcharge $600 payable forthwith (default one day concurrent).
Obiter and limits
- Detailed jurisprudence demonstrates the severe societal harm of child pornography and the need to deter collectors as part of reducing production (discussion citing R. v. Sharpe, R. v. Morelli, R. v. Kwok).
- Gladue factors and intergenerational effects of residential schools materially inform moral culpability but do not override statutory primacy of denunciation and deterrence in offences involving children.
- Absence of a formal psychological risk assessment limits the court's ability to evaluate reoffending risk; denial of responsibility weighs against mitigation.
Court disposition
Accused convicted and sentenced; net custodial result effectively time served; conditional stay on accessing count; ancillary orders and probation imposed.
- Convictions entered on counts relating to possession, possession for the purpose of distribution, and distribution/making available child pornography; conditional stay on accessing count (Kienapple).
- Custodial sentences imposed concurrently: Count 1 (possession) 12 months; Count 5 (possession for purpose) 36 months; Count 6 (distribution/making available) 36 months, resulting in net sentence after credit of time served (280 days net calculated) effectively time served.
- Pretrial custody credit applied at 1.5:1 resulting in 815 days credited (543 actual days custody).
- DNA order under s.487.051 (samples for forensic DNA analysis).
- SOIRA order for life pursuant to ss.490.012 and 490.013.
- Forfeiture order under s.490.1 of the Criminal Code.
- Prohibition order under s.161(a)-(d) for 10 years with specified exceptions for contact with own children and limited internet/digital use for employment or education and monitoring provisions (residence inspections, disclosure of passwords/encryption, ISP authorizations).
- Three‑year probation order with detailed conditions including no contact with persons under 16 except as authorized, prohibition on possession/access of any child pornography or sexualized images of persons under 18, mandatory treatment assessments and compliance, employment/education requirements, and monitoring provisions.
- Victim fine surcharge of $600 (three counts at $200 each) payable forthwith; in default one day concurrent on each count.
Source and reliance status
Supreme Court of British Columbia · 7 May 2018
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