Posts Tagged 'child pornography'

Sentencing issues for ‘simple’ possession of child pornography

Posted by:

In Canada, the maximum sentence for ‘simple’ possession of child pornography is 5 years in jail where the Crown proceeds by Indictment (see section 163.1 of the Criminal Code of Canada). There is a minimum jail term of 45 days upon conviction. Over the years the legislation has been amended and the penalties are definitely getting stiffer here in Canada.

However, in the United States the sentencing regime for ‘simple’ possession of child pornography is about to become a whole lot ...

Continue Reading →
0

The proliferation defence in a child porn case

Posted by:

In a child pornography case, the term proliferation refers to the percentage of alleged child pornography images in comparison to legal adult pornography. There is a commonly held belief that those with an interest in child pornography prefer to build a large collection of such materials. It is believed that they often collect it, organize it, categorize it and take steps to safeguard it. If that is true, then what can be assumed in a case where a relatively small ...

Continue Reading →
0

R. v. R.J. | Examples Of Favourable Verdicts

Posted by:

Case Name:
R. v. R.J.

Between
Her Majesty the Queen, respondent, and
R.J., appellant

[2002] O.J. No. 3143
Court File No. C37651

Ontario Court of Appeal
Toronto, Ontario
Doherty, Rosenberg and Cronk JJ.A.

August 9, 2002.
(2 paras.)

Counsel:
Tushar K. Pain, for the appellant.
No counsel mentioned for the respondent.

The judgment of the Court was delivered by

¶ 1      DOHERTY J.A. (endorsement):— The trial judge did not have the benefit of this court’s decision in R. v. Schan, [2002] O.J. No. 600, (February 15, 2002).  In ...

Continue Reading →
0

What is a computer or Internet crime? | Criminal Defence Articles by Tushar K. Pain

Posted by:

There is no formal definition of computer crime or Internet crime.  However, this type of crime may be described as an activity in which a computer or the Internet is used to further a criminal purpose.  Simply put, it’s an offence involving the use of a computer or the Internet.

The possession and distribution of child pornography are examples of crimes that can be committed with the aid of computers and the Internet. The offence of mischief in relation ...

Continue Reading →
0