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The unnamed predator had 180,000 sexual images of children, 27,000 videos and 12,000 voyeur videos, some of which were videos of his own violence against children.
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May 24, 2022 • 1 hour • 4 minutes ago reading • 52 comments Photo from Photo illustration by Postmedia
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An offer by one of Alberta’s most predatory pedophiles and prolific child pornographers for an even lower prison sentence has been rejected.
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Although he was sentenced to 15 years in prison, despite facing a possible 59-year sentence, he claims that his status as a Metis has not been properly assessed by the court.
The man, who could not be named to protect the identities of his victims – many of them the family and children of people close to him – had the highest number of “practical” victims and the second largest collection of serious images of violence against children ever met by the Department of Child Exploitation on the Internet in Southern Alberta.
There are 11 identified victims, aged two years.
He was arrested in January 2019 and pleaded guilty to 26 charges: one charge of possession of child pornography, one charge of distributing child pornography, two charges of voyeurism, eleven charges of child pornography, two charges of sexual misconduct. interference, four charges of inviting sexual touch and five charges of sexual assault.
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He was sentenced in January 2021 to a global sentence of 18 years, reduced to 15 years after an increased custody loan before a sentence followed by a 10-year long-term supervision order.
He was previously charged with harassing a young girl in 2016, but the charge was dropped after he signed a pledge not to be with anyone under the age of 18 unless a parent or guardian was present.
His latest set of charges comes from an investigation by Queensland police in Brisbane, Australia, which is investigating the online trade in images of child abuse.
When Alberta police raided his home, they found electronic devices containing 180,000 sexual images of children, 27,000 videos and 12,000 voyeur videos. His collection is well organized and cataloged, the court heard.
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Part of that was a video he shot of his own abuse of children.
The man was so predatory that he was left alone for only 15 minutes with one victim. Another was recorded in 40 different cases in eight months and another 90 times in two days.
The legacy of the Métis man required the court to consider what is known as the Gladue report, in line with a ruling by the Canadian Supreme Court that sentencing judges must take into account the unique circumstances of indigenous offenders and systemic issues. as the impact of residential schools on dealing with over-representation of indigenous peoples in Canadian prisons.
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His Gladue report says the man did not know about family members attending school. His aunt told him that her grandmother had been to school and that the family’s history included cases of physical and sexual abuse.
His home life was stable and positive, according to the court, but he himself was sexually abused by the son of a family friend when he was five or six.
A psychiatrist testified in sentencing that without proper treatment, a man’s risk of re-offending is high to moderate and he will need conditions and supervision once he is released to manage that risk. His obsessive-compulsive disorder makes treating pedophilia more difficult, the court said.
The crown said the man’s crimes alone would have earned him a 59-year sentence, but given his pre-trial detention, mitigating factors and Gladue’s report, they demanded a 20-year sentence, followed by 10 years of supervision after his release.
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The man’s lawyer demanded a 10-year sentence, followed by six to eight years of supervision.
The sentencing judge concluded that the Gladue man’s factors did not outweigh his moral guilt to an extent that would reduce his sentence. The judge said the man had been a victim of children while “in a position of trust, with repeated and constant deplorable sexual acts committed over a period of years”.
The man appealed his sentence, alleging that the judge did not give adequate weight to Gladue’s factors and did not properly consider the impact of his overall imprisonment and supervision sentence.
In a ruling last week, the Alberta Court of Appeals dismissed both grounds of appeal.
“Systemic and background factors provide the necessary context for the sentencing judge to determine an appropriate sentence. They do not serve as an excuse or justification for the offender’s criminal behavior, and the presence of Gladue factors does not automatically reduce the sentence for an Aboriginal criminal, “wrote Judge Patricia Robotham on behalf of a three-judge panel.
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“The crimes in this case are of the highest gravity and the moral guilt of the applicant is extremely high,” the decision said.
“The sentencing judge was obliged to take into account the applicant’s unique circumstances as an Aboriginal criminal. He was alive and considering these factors. In the end, he decided that they had minimal relation to the sentence of imprisonment.
“This court should not interfere with the burden of such factors without error in principle, and we do not see an error that can be reconsidered in the way the sentencing judge has weighed the Gladue factors.”
• Email: ahumphreys@postmedia.com | Twitter: AD_Humphreys
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