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The Supreme Court of British Columbia refused extradition committal for James Ellingson, finding the certified record too sparse to support an inference linking him to Silk Road drug sales.
The Court dismissed the conviction and sentence appeals: after correcting calculational errors the net delay and the manifest complexity of the international, technical prosecution justified the time taken under s.11(b); the ITO provided reasonable and probable grounds and the affiant was not shown to have acted in bad faith; the trial judge did not reverse the burden of proof or misapprehend evidence in any way that vitiated the verdict; the sentence was fit and a conditional sentence was not appropriate.
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The court acquitted Orion Alexander Holtby of theft, fraud, and false pretence involving cryptocurrency, finding identity proven but not proof of taking or control.
Sentencing for internet sextortion and child exploitation against Amanda Todd, with a 13-year global Canadian sentence ordered consecutive to a Dutch sentence.
X was sentenced to 36 months in prison for distributing child pornography involving his stepdaughter and other victims, with ancillary protective orders imposed.
The court considered whether 51 electronic communications from a deceased complainant were admissible under the hearsay principled exception or state of mind exception.
The Court held the manner of the computer search was reasonable in context — police were justified in examining image and video files and internet history given limits of hash and filename searches and their focus on identity and child pornography evidence — and refused exclusion under s.24(2); however the mandatory six‑month minimum under s.163.1(4)(a) was struck down as grossly disproportionate in at least a realistic hypothetical and therefore violated s.12; the conviction and sentence were otherwise upheld.
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The photographs objectively had as their dominant characteristic a sexual depiction of a person under 18 and thus constituted child pornography; the private use defence failed because images were obtained by deceit and exploitation; the extortion attempts were established by the threatening messages; accused enabled and facilitated the extortion and subsequent dissemination by creating fake accounts, granting remote access, storing images with pornographic material and failing to terminate the remote access, making him a party to both the attempted extortion and possession for the purpose of…
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The court limited defence cross-examination of a complainant in a sexual offence trial, allowing questions on authorship of emails, alcohol/drug use, and discipline, but excluding prior sexual history and self-harm topics.
The court held that police did not breach s. 8 by using a third-party GigaTribe account to view and download shared files, and refused to exclude the evidence.
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