R v Jerrett, 2021 ABQB 87

Court of Queen’s Bench of Alberta Citation: R v Jerrett, 2021 ABQB 87 Date: 20210204 Docket: 140272469Q1 Registry: Edmonton Between: Her Majesty the Queen Crown - and - Norman Jerrett Accused _______________________________________________________ Sentencing Judgment of the Honourable Mr. Justice J.J. Gill _______________________________________________________ Overview [ 1 ] The accused was found guilty of the following two charges:

(1) On or about 1st day of August, 2009 and the 23rd day of October, 2013, at or near Barrhead, Alberta, did possess child pornography, contrary to

section 163.1 (4) of the Criminal Code .

(2) On or between 1 August, 2009 and the 23rd day of October, 2013, at or near Barrhead, Alberta, did access child pornography, contrary to

section 163.1 (4.1) of the Criminal Code . The facts [ 2 ] Evidence of child pornography was found on the hard drives of three computers seized from the accused’s house. There were 17,657 images of child pornography as defined by the Criminal Code on the computers. The majority of the images were photo collections of preteen girls. Each collection usually progressed from fully dressed girls to naked girls with a focus on the genital areas. The remaining images, were of children ranging in age from infants to teenagers involved in sexual acts.

One hundred and eight (108) videos were identified as child pornography as defined by the Criminal Code . The ages of the participants involved in sexual acts in the videos ranged from infants to persons under the age of 18. The videos were generally less than a few minutes in duration. Circumstances of the offender [ 3 ] The accused is presently serving a life term for second degree murder. Positions of Crown and defence [ 4 ] The Crown is seeking a sentence of two years for each count to be served concurrently with his life sentence. In addition, the Crown seeks a DNA and a lifetime SOIRA order.

The accused suggests he should receive the maximum sentence for both offenses ie: five years. Aggravating factors [ 5 ] The Crown submits the following are aggravating factors: 1. The accused has a serious albeit unrelated criminal record; 2. There was a significant number of images found on 3 computers; 3. The pornographic material falls within the middle of the depravity continuum. Mitigating [ 6 ] The Crown submits there are no mitigating circumstances. It notes that the accused has shown no remorse.

Case law [ 7 ] The Crown referred to a number of cases including the following Alberta Court of Appeal cases: R v Gauthier , 2008 ABCA 39 , R v Hammond , 2000 ABCA 415 and R v Andrukonis , 2012 ABCA 148 . In addition, the Crown submits that the principles set out in the Supreme Court of Canada case of R v Friesen , 2020 SCC 9 are relevant. That case involved a conviction of sexual interference with a young child. Analysis [ 8 ] The relevant principles of sentencing in this case are deterrence, denunciation and proportionality. Decision [ 9 ] I agree with the Crown’s characterization of the aggravating factors.

This case involves a significant volume of pornographic material found on three devices. The material falls within the middle of the depravity continuum There are no mitigating factors. [ 10 ] The three cases Alberta Court of Appeal referred to by the Crown involved guilty pleas and smaller quantities of pornographic material. The Court of Appeal imposed sentences of 12 months. [ 11 ] Taking into account all of the circumstances a sentence significantly higher than 12 months is warranted. The comments of Supreme Court of Canada in Friesen at paragraph 5 are relevant: 5.

Third, we send a strong message that sexual offences against children are violent crimes that wrongfully exploit children’s vulnerability and cause profound harm to children, families, and communities. Sentences for these crimes must increase. Courts must impose sentences that are proportional to the gravity of sexual offences against children and the degree of responsibility of the offender, as informed by Parliament’s sentencing initiatives and by society’s deepened understanding of the wrongfulness and harmfulness of

sexual violence against children. Sentences must accurately reflect the wrongfulness of sexual violence against children and the far- reaching and ongoing harm that it causes to children, families, and society at large. [ 12 ] I find that a sentence of two years on each count to be served concurrently is a fit and appropriate sentence. In addition, I impose mandatory DNA and lifetime SOIRA orders. Heard on the 21st day of January, 2021. Dated at the City of Edmonton, Alberta this 4th day of February, 2021. J.J. Gill J.C.Q.B.A. Appearances: Keith Nicholls for the Crown Norman Jerrett Self represented