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Sentence for possessing child pornography: 9 months’ imprisonment, 36 months’ probation, DNA and SOIRA orders, and forfeiture of seized items; one count stayed.
Appeal dismissed from a refusal to terminate SOIRA registration. The court held the public interest in registration is fixed by Parliament and the applicant showed only modest, speculative impact.
Given the high moral culpability arising from sexual activity with a sleeping and highly intoxicated victim, including anal intercourse and significant victim harm, the appropriate sentence is two years' imprisonment in a federal penitentiary followed by three years' probation; ancillary orders (DNA, 20-year SOIRA, 10-year firearms prohibition) and a $200 victim surcharge were imposed to reflect denunciation, general and specific deterrence while allowing for rehabilitation.
Source excerpt
A suspended sentence with two years probation is fit and proper given the offender's youth, lack of prior record, guilty plea and remorse; mandatory ancillary orders (DNA and SOIRA) are granted; a s.161 order prohibiting presence at school grounds and internet contact with those under 16 is granted for five years; a s.109 firearms prohibition is declined because the offence (s.152 invitation to sexual touching) did not meet the statutory requirement that violence be used, threatened or attempted in this case.
Source excerpt
The court accepted a joint submission after a guilty plea to sexual assault causing bodily harm, imposing 2 years less one day in custody and 3 years’ probation.
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