More Canadian Porn Pedophiles
From the East Coast, Ontario (4), the Prairies, and the Far North
Newfoundland Man Pleads Guilty To
Child Porn Charges
A man from Torbay, NL, has entered guilty pleas in connection with two separate sets of child pornography charges.
Matthew Kerr, 35, told the judge he is very sorry, knows he “can’t take anything back,” and indicated he misses his family as he cried and wiped tears from his eyes.
In August of 2015, Kerr was charged after a relative discovered links to pornographic images involving children on Kerr’s computer. The family member notified police who later found 470 pictures and 146 videos involving young boys between the ages of 5 and 14 on Kerr’s laptop and memory cards.
Kerr was released from custody, but was charged again in October of 2016 when police were notified he was sharing more pornographic material involving young boys.
The defence is recommending two years plus probation, while the Crown is asking for a sentence of 3.5-4 years in jail, that Kerr be banned from using a cell phone or internet and that he register as a sex offender.
Sentencing will take place this Friday at 10:00 a.m.
Torbay, NL
Just yesterday I posted a P&P List from Saskatchewan
- this man was not on it
Saskatchewan man unaware of child porn found in his room, says defence
BY ARTHUR WHITE-CRUMMEY
A La Ronge, Saskatchewan man accused of possessing about 32 hours of child pornography appeared before a Prince Albert court on Monday.
Floyd Scott McKenzie, 27, is facing trial after a search of his room turned up as many as 119 sexually explicit videos and images depicting children, some around toddler age. He testified that he never looked at them, nor did he know they were there.
In September 2015, the Internet Child Exploitation Unit sent officers into his parent’s home in La Ronge. Crown prosecutor Lana Morelli described what they found.
On McKenzie’s desk sat a computer, side-by-side with a TV screen. He used them to play video games and watch videos “from 4 p.m. until the sun comes up.” To the left sat a tower of DVDs and bags of chips “folded over precisely.” To Morelli, it was a sign of a highly deliberate mind.
“Everything has its place,” she said. “Everything is as it should be.”
One of those DVDs contained 18 videos of child pornography. Some depicted sexual activity with children, while others focussed on intimate parts of their bodies. The disc was labelled with writing that Morelli said “appeared quite similar to the handwriting of the accused.”
The computer revealed a much longer trail of nefarious activity.
In a computer folder, investigators found a small amount of animated child pornography. As they dug deeper, Morelli said, they recovered 70 videos that someone had deleted. The fact that the computer had not yet overwritten them, she argued, implied that they were deleted recently. They also found thumbnails – low-resolution pictorial markers – for 29 images of child pornography.
The investigators reviewed hours of the material, and determined that 38 videos depicted sexual activity with a child, while 34 revealed obscene shots of nudity.
“Thankfully,” she said, “we did not watch everything in its entirety because it was, at minimum, 32 hours of child pornography.”
Defence lawyer Murray Pelletier acknowledged that many of the videos were child pornography, though he arrived at a somewhat smaller count. His argument focussed on the possibility that someone else had left them on McKenzie’s computer, and on the DVD found in his room.
“Evidence was heard, from Floyd McKenzie, that other people had used the computer and Mr. McKenzie was not always there to observe them,” Pelletier said. “He allows people to do whatever they want on his computer.”
Brantford police arrest 31-year-old for child porn
CTV Kitchener
Brantford police have arrested a 31-year-old man for child pornography.
The Internet Child Exploitation Unit searched a home on Terrace Hill Thursday morning.
Police said they seized a computer.
The man is facing six charges.
Ontario man loses bid to avoid extradition in
child porn distribution case
BY PAOLA LORIGGIO, THE CANADIAN PRESS
A man who voluntarily told an Ontario court he had distributed child porn in an effort to avoid facing a related charge in the U.S. has lost another bid to stave off extradition.
Brandon William Lane, of Kingston, Ont., had pushed for a judicial review after the minister of justice upheld an order for his extradition, but that appeal was denied earlier this month.
Court documents show Lane, who pleaded guilty here to making and possessing child porn, brought up his role in a child pornography website during his sentencing hearing.
He then argued that his role in distributing the material was reflected in his Canadian sentence, and that sending him to the U.S. to face charges related to the distribution of child porn would expose him to double jeopardy — meaning he would be punished twice for the same crime.
He also said extradition would violate his Charter rights because the American sentence — potentially up to lifetime — would be so severe as to “shock the Canadian conscience.”
But the Court of Appeal for Ontario rejected what it called his “tactical gambit to engineer a double jeopardy defence,” saying it was reasonable for the minister to rule that the Canadian and American offences are distinct.
“The Canadian offence contains no element of acting in concert with three or more persons in three or more incidents of exploiting children, involving three or more victims, or of knowing that the pornographic material is distributed inter-provincially or internationally by computer,” the panel wrote in its decision.
“Nor does it require proof of the positive act of organized co-operation with others to facilitate the distribution of the material, as the American offence does.”
The appeal court also supported the minister’s finding that Lane’s sentence in the U.S. would not violate his rights or shock the public.
“There is no question, and the minister was certainly aware, that the applicant faces a significant sentence in the United States,” the court wrote.
“However, absent a potential death penalty or sentence that would involve some form of torture, the severity of a sentence will not generally shock the conscience of Canadians.”
Court documents say that in 2010, U.S. authorities alerted Canadian ones about Lane’s alleged involvement in a “sophisticated international child pornography organization” that operated the website — a password-protected online forum with about 600 members, dedicated to the distribution and advertisement of child pornography.
About 70 people were charged over their alleged involvement in the site, the documents say. Lane was charged with various child pornography offences in the U.S. and in Canada, but the Canadian charges were eventually stayed, they say.
However, while Lane was on bail, his father turned him in to police after discovering thousands of images of child pornography on a homemade computer, the documents say.
Lane was charged with breaching his bail conditions as well as making and possessing child pornography and other charges, to which he pleaded guilty in 2014, they say.
At his sentencing hearing, he asked the court to consider evidence that he had also distributed child porn, and the judge agreed to take it into account as an aggravating factor, despite objections from the Crown and American authorities, the documents say.
Lane was sentenced to 9.5 years behind bars.
Another Canadian man, Paul Graham Fry, has already been extradited to the U.S. in connection with the website, the documents say. He is expected to testify as to Lane’s involvement in the website.
Police charge 27-year-old Sudbury man with
distributing child porn
Police say a 27-year-old Sudbury, Ont., man is facing charges following an investigation into the distribution of child pornography through Canadian and Russian websites.
Sudbury police allege the accused used the Internet in businesses that offered a free wireless connection to advertise and distribute child pornography.
They say he was arrested last week, and a search warrant was executed at a Sudbury home where computers and data storage devices were seized.
The man is charged with arranging to commit a sexual offence against a child, five counts of distributing and advertising child pornography, three counts of possession of child pornography, and failing to comply with a prohibition regarding children.
They say the accused appeared in bail court on May 26 and remains in custody.
Accessing child porn not part of possession offence, Appeal Court rules
TORONTO — The criminal charge of possessing child pornography does not include a lesser offence of accessing the lewd images, Ontario's top court ruled on Wednesday.
In acquitting a man convicted of a possession charge, the Court of Appeal rejected prosecution arguments that it should instead convict him of accessing child porn.
"It is possible to possess child pornography without accessing it," the Appeal Court said. "The elements of the offence of accessing are not intrinsically embraced within the offence of possession."
The prosecution had argued that it is "legally impossible" to possess child pornography without at some point accessing it. However, on looking at the two charges — separate under the Criminal Code — the Appeal Court disagreed.
As an example, the court cited a situation in which someone downloads child pornography onto a memory stick and then hands it off to someone who knows what's on it.
"He would have knowledge of the contents of the memory stick and control over those contents; therefore the elements of possession would be satisfied," the Appeal Court ruled. "He would not be guilty of accessing child pornography because he has not viewed the images on the memory stick nor has he transmitted them to himself."
He acquired the stick knowing what was on it; how is that not accessing child porn?
In this case, the man who can only be identified as M.N. was initially convicted of possession based on images found on a computer's Internet cache — temporary storage files created when accessing websites. He shared the device with his common law spouse, and their 14-year-old daughter used it occasionally as well.
Evidence at his trial in Peterborough, Ont., was that M.N. and his spouse discovered child pornography on the computer in February 2007 and they decided to call the police, who found 55 images in the temporary Internet files folder.
M.N. admitted to sometimes viewing adult porn, but not to accessing child pornography. His daughter testified she sometimes used the computer to access adult pornography and, on one occasion, a child pornography site popped up.
What's now not disputed is that Ontario court judge Rhys Morgan who initially heard the case didn't understand the evidence from an expert witness about how images can appear in the cache. As a result, Morgan rejected M.N.'s contention that he didn't know about the child pornography and hadn't downloaded it and convicted him of possession in 2009.
M.N. appealed, but the summary conviction appeal judge, Superior Court Justice Hugh O'Connell, also failed to understand the expert evidence and dismissed the appeal in 2013.
Although M.N. had already served his six-month jail term, he turned to the province's top court in April still seeking an acquittal.
The prosecution agreed there was not enough forensic evidence to prove that M.N. knowingly possessed porn. Nevertheless, it argued against an acquittal, saying accessing child pornography was included in the possession offence for which M.N. had been convicted.
Alternatively, the prosecution called on the Appeal Court to amend the charge against to align with evidence that M.N. had illegally accessed child pornography and order a new trial.
In rejecting the prosecution's inclusion arguments, the Appeal Court also said it would not be in the interests of justice under the circumstances to amend the charge.
"To do so would prejudice the appellant," Justice Karen Weiler wrote for the Appeal Court. "Accordingly, I would grant leave to appeal, allow the appeal, and enter an acquittal for the offence of possession of child pornography."
Child porn arrest in Cambridge Bay, Nunavut
RCMP executed two search warrants in the community on June 5
CBC News
After an extensive investigation, RCMP have arrested and charged a Cambridge Bay man with one count of possessing child pornography.
RCMP executed two search warrants in the community on June 5, resulting in the arrest.
The investigation was launched in March after RCMP received a complaint regarding intimate images being shared on the internet, according to an RCMP news release.
RCMP V Division, E Division ICE Unit, O Division Technological Crime Unit, and RCMP in Grise Fiord assisted with the investigation.
"It is not only the responsibility of the police but also the members of the community to protect and educate our youth as child pornography is a form of child exploitation," said Const. Danielle Pollock, RCMP V Division.
"Once an image is on the internet, it is irretrievable and can continue to circulate forever. Unfortunately, emerging trends reveal an increase in the number of these types of images being shared due to enhanced internet usage."
On June 8, the man was released on bail with conditions that prohibit him from accessing the internet and restricting access to any person under the age of 16.
The man will be back in court on September 18 in Cambridge Bay.
No comments:
Post a Comment