Crimes involving child abuse must attract jail time, a Sault Ste. Marie judge said this week when sentencing a young man to 15 months behind bars for possession of child pornography for the purpose of distribution.
Ontario Court Justice Melanie Dunn rejected a two-year-less-a-day house arrest sentence proposed by his lawyer.
A conditional sentence isn't appropriate — "real jail is," she told Duey Wynne-Stone, citing the need for denunciation and deterrence for such offences.
The 20-year-old sat hunched over and weeping in the front row of the small courtroom, as his grandmother hugged him, fighting back her own tears as she tried to comfort him.
The Michipicoten First Nation man pleaded guilty to the May 29, 2022 offence on Oct. 5.
Sault Ste. Marie police charged Wynne-Stone with two offences on March 2, 2023.
The Crown withdrew the other charge after he entered his guilty plea.
The charges stemmed from an investigation that began in June 2022, and was initiated by the National Child Exploitation Crime Centre.
"Further computer forensic examination revealed child pornography was downloaded and uploaded from accounts associated with the accused," the local cops said when he was arrested.
Dunn heard the officers found 29 files and 12 videos on his phone.
Prosecutor Chris Thompson was seeking a sentence of two years less a day incarceration, while defence lawyer Eric McCooeye called for the same amount of time to be served in the community, plus three years probation.
The defence suggested the conditional sentence in part because of Wynne-Stone's mental health issues, Dunn noted.
McCooeye argued his client is a youthful Indigenous offender, who lives a lonely life and was appearing in this court as a first time offender.
The judge listed mitigating factors, including Wynne-Stone's guilty pleas, genuine remorse, co-operation when he was arrested, and many Gladue factors.
She also pointed to a number of aggravating factors including the nature of the child pornography.
Once he completes his jail term, Wynne-Stone will be on probation for three years — the maximum permitted under the Criminal Code of Canada — with conditions that include counselling.
Dunn also imposed an order requiring him to report to authorities under the Sex Offender Information Registration Act (SOIRA) for 10 years.
As well, she prohibited Wynne-Stone from attending numerous places, such as public parks, swimming areas, schoolyards, playgrounds, and daycare centres, where there are people under the age of 16.
This 10-year order places restrictions on his access to the Internet and devices.
Wynne-Stone must also provide a DNA sample for the national registry.