In our courts
By Steve Bilodeau
An expensive download
A 25-year-old man, with no prior criminal record, purchased a three-month subscription
to a child pornography website. When the FBI closed down the website, they forwarded
the company's customer list to the RCMP. The accused was on the list. Forensic
analysis confirmed that he had child pornography on his computer. The accused
pleaded guilty to possession of child pornography and the court sentenced him
to six months in jail followed by 12 months of probation. Additionally, his computer
was forfeited, he was not permitted to access the Internet for the duration of
his sentence, was required to provide a DNA sample to the national databank and
ordered to pay a $100 victim fine surcharge.
R. v. Miller - The Provincial Court of Alberta, St. Albert; October 27, 2003.
Subpoenas aren't invitations
A witness, subpoenaed by the Crown to testify in court, failed to appear. The
Crown obtained a warrant for his arrest. After the accused was convicted of fraud
against a charity, the witness appeared before the court. The court convicted
the witness of contempt of court and sentenced him to 15 days in jail.
R. v. Harry - The Court of Queen's Bench, Edmonton; November 14, 2003.
Lengthy jail sentence for illegal chat
A 32-year old was engaging in explicit conversations on the Internet in MSN chatrooms
with persons whom he knew, or did not take reasonable steps to determine otherwise,
to be under 14. His conversations included invitations to get together for sexual
activity including intercourse. Upon a guilty plea to Internet luring, he received
a sentence of 21 months in jail and three years probation. In addition it was
ordered that he was not to access the Internet during probation, or be in possession
of a computer or any other device capable of accessing the Internet. The offender
was also to take counseling as required, and prohibited for three years from attending
playgrounds, schools or anywhere else children are expected to be. His computer
was forfeited to the Crown.
R. v. Richards - The Provincial Court of Alberta, Calgary; October 2, 2003.
Drunk driver threat to public safety
The offender was being sentenced on his 12th drinking and driving offence. At
the time of the offence he was under a provincial driving suspension, and was
aggressive and "significantly impaired." On his last conviction he was
jailed for six months. The Court of Appeal agreed with the Crown that a jail sentence
of 18 months was appropriate in this case even though the offender pleaded guilty
and there was no collision or injury. The Court agreed with the sentencing judge
that, "As long as he keeps drinking and driving, [he] is a definite threat
to the public."
R. v. Bordula - The Alberta Court of Appeal, Calgary January 8, 2004.
*For more interesting court cases see Criminal Prosecutions - Criminal Case Bulletins.
