A local man should spend time behind bars for filming his young stepdaughter in the bathroom of their home, the Crown argued Wednesday.
The offences “require a significant period of custody in a real jail,” prosecutor Matthew Caputo said during a hearing at the Sault Ste. Marie courthouse.
He called for a sentence of two years less a day, followed by two to three years probation, for the three offences that occurred in 2022.
The man pleaded guilty in August to making child pornography and possession of child pornography.
As well, he was convicted of voyeurism for surreptitiously observing or making recordings in circumstances where there is an expectation of privacy.
A publication ban prohibits reporting information that could identify the victim.
Defence lawyer Eric McCooeye proposed a 179-day conditional sentence, which would be served in the community, plus three years probation.
The sentence could include punitive conditions, such as house arrest, making his client's residence into a jail, he told Ontario Court Justice John Condon.
Such a sentence is custodial and meets the need for denunciation and deterrence, he said.
McCooeye described his client as a first-time offender who followed his bail conditions and would comply with a conditional sentence.
While “this is a serious offence” it appears to be a one-time situation, the defence said.
In August, Condon heard the accused set up an electronic device, capable of making videos, in the bathroom.
It recorded the girl getting in and out of the shower. She was 12 to 13 years of age at the time.
Her mother discovered the device in June 2022 and took it to the city police.
On Wednesday, the Crown said the man violated the victim's trust.
His actions exploited a child and had a profound, massive and devastating impact on a girl who had just entered her teenage years, Caputo told the judge.
“He was the person who was supposed to love and protect me,” the girl said in her victim impact statement, which the prosecutor read to the court.
“No child should have to experience the pain I've endured,” she said, noting there “will be a long road to recovery.”
Caputo also read a victim impact statement written by the girl's mother detailing how the man's actions and this “horrific situation” have affected her daughter and the family.
Her once vibrant child battles anxiety and has “retreated into a cocoon of isolation.”
Their daily lives are overshadowed by this ongoing ordeal as they struggle to maintain normalcy, the court heard.
Condon also heard from the man, who indicated he wants the girl to know how sorry he is for what he caused.
He said he's been taking counselling and is “hoping I can keep moving forward.”
Caputo also asked the judge to impose an order requiring the man to report to authorities under the Sex Offender Information Registration Act (SOIRA) for 20 years.
As well, the Crown is seeking a 10-year-order prohibiting him from attending numerous places, such as public parks, swimming areas, schoolyards, playgrounds and daycare centres where there are people under the age of 16.
A date for sentencing will be confirmed on Feb. 5.