Sault man sent to prison for second child porn offence

A Sault Ste. Marie man's second conviction for a child pornography offence has landed him in federal penitentiary.

David Haryett was sentenced to 3.5 years in prison Wednesday for making child pornography available during a three-month period in 2020.

With a four-month credit Ontario Court Justice Romuald Kwolek gave him for the lengthy time he spent on restrictive bail conditions, he faces 38 months behind bars.

The 41-year-old man had a "massive" amount of images on his computer police discovered after officers executed a search warrant at his residence on July 28, 2020.

When cops showed up at his home, Haryett was in his bedroom using a laptop computer to access child pornography.

Officers seized the laptop as well as three thumb drives. 

A total of 16,805 unique image files and 36 unique video files deemed to be child pornography were located.

"Other than a concession that the images on the devices were child pornography, the nature of the images and videos depicted were not provided to the court," Kwolek noted in his decision.

"Even though the Crown case is strong, the accused is entitled to have a trial and this court considers his pleas of guilt as a significant mitigating factor,"  he concluded.

The Crown was seeking five years incarceration for what prosecutor David Didiodato called the "largest collection I've seen in the seven years I've been prosecuting child pornography cases in Sault Ste. Marie."

Defence lawyer Jessica Belisle proposed a conditional sentence order of two years less a day to be served in the community, followed by a lengthy of period of probation.

She based her submission on the reduction of a 3.5-year sentence, with a credit of almost one and a half years for the time her client had spent on strict bail conditions, including house arrest.

The lawyers made their sentencing submissions on March 9.

Haryett pleaded guilty to the charge and breaching a prohibition order at an earlier court appearance.

The Dec. 14, 2015 order prohibited him from using the internet for 10 years.

When he imposed sentence, Kwolek said case law is clear that the court's primary focus in child pornography cases should be denunciation and general deterrence.

He cited a number of aggravating factors including the "significant" size of the collection and Haryett's prior conviction for a similar offence for which he had been jailed for two years less a day.

Making child pornography available through a peer to peer network is "a serious charge that normally would require a significant period of incarceration."

Haryett's pleas of guilt are an indication of remorse and he has taken full  responsibility for his actions, the judge noted in his 11-page written decision. The pleas are a significant mitigating factor with the post-COVID backlogs in the criminal courts, Kwolek said.

"The prosecution of child pornography charges are generally lengthy, often requiring an expert to testify, and several days of court time."

Kwolek said there is evidence that Haryett "suffers from mental health issues which would affect his moral culpability."

The judge recommended that he receive counselling, and be enrolled in programs to address his criminal behaviour in accessing and sharing child pornography, while in custody and during parole.

As well, Kwolek imposed a life-time Sex Offender Information Registration Act (SOIRA) order.

Haryett also will be on an order for life prohibiting him from attending parks and public swimming areas where persons under the age of 16 are or can reasonably be expected to be. As well, he must stay away from daycare centres, schoolyards and playgrounds.

He is prohibited from obtaining employment or being a volunteer that involves being in a position of trust with anyone under 16.

Haryett can only access the internet or other digital network for employment or education purposes.