R. v. Campbell Date:, 2017 BCPC 313

Citation: R. v. Campbell Date: 20170926 2017 BCPC 313 File No: 219361-1 Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA REGINA v. BRANDON JOHN LEE CAMPBELL BAN ON PUBLICATION s. 486.4(2) CCC REASONS FOR SENTENCE OF THE HONOURABLE JUDGE D. A. GAFFAR Counsel for the Crown: R. Sewani Counsel for the Defendant: M. Shapray Place of Hearing: Surrey , B.C. Date of Hearing: September 26, 2017

Date of Sentence: September 26, 2017 [1] THE COURT: Mr. Campbell has entered a guilty plea to one count of possessing child pornography, contrary to s. 163.1(4) ofthe Criminal Code, during the period of the 22nd of December 2015 through November 1st, 2016. [2] Mr. Campbell, I have listened to the submissions of Crown counsel and Mr. Shapray on your behalf.

I have reviewed theagreed statement of facts, the defence book of documents and the Crown's book of authorities with regards to the sentencing ranges andconsiderations on sentencing in this type of material. [3] I am required to sentence you, not based on emotion, not based on outrage, but to sentence you on a reasonable and principledbasis.

The courts and Parliament have extensively discussed the violence inflicted on children in the form of child pornography, and thecontinued and repeated violence inflicted on children by the possession of this material by individuals who have very different reasonsfor possessing this type of material. [4] In this particular case, I note the comments made by the Honourable Judge Mrozinski of the British Columbia Provincial Courtin her decision of R. v. D.J.L. 2016 BCJ No. 2549 (Q.L.) at para. 16. I am not going to cite the entire paragraph because some of it doesnot apply to you. I want that to be clear.

But she describes how, in her case, the individual before her - and I will parenthetically notethat that particular individual was very different from you in both his criminal background and the purpose for which he had downloadedmaterials and that sort of thing - but she makes this comment with which I agree. In reference to infants depicted in the material, as wellas those who are under six years old, she describes them as: ...the subjects of horrific and frankly unspeakable sexually assaultive behaviour.

She writes at paragraph 17 that: The titles of the images that were downloaded are themselves disturbing to read. The titles describe images of great cruelty andinhumanity. They evidence such casual indifference to the suffering of these innocent and helpless children, all for the incomprehensiblepleasure of a few very disturbed individuals like... ...the accused in that case. At paragraph 18 she writes: The children who are shown are being subject to this horror are young. They are also anonymous and one shudders to think of their fate. [5] I am required to apply ss. 718 through 718.2 of the Criminal Code.

What that means for you is that there are very specificprinciples of sentencing that I must apply. The overall principle is that I must craft a sentence in a specific and individualized way thatprotects the safety of the public and encourages the acceptance of responsibility of the offender and their reintegration into thecommunity. [6] The primary sentencing principles in this particular case are denunciation, which is the community's condemnation of yourconduct. Also, it is general deterrence, which is extremely important because of the magnitude of the problem of child pornography inour society.

General deterrence seeks to prevent others from engaging in similar conduct. I find that the efforts that you have madesubstantially address the principles of your specific deterrence as well as your rehabilitation. I consider them to be significant. [7] The Criminal Code requires a mandatory sentence of six months, minimum, for a conviction of this kind. In your particularcircumstances, it is apparent that the joint submission that is being proposed by Crown counsel and your counsel fits within the range ofsentence that is usually accorded to this type of offence.

I also find that it is not contrary to the public interest and does not bring theadministration of justice into disrepute. [8] The aggravating factors in this particular case, are again, identified in the decision of the Honourable Judge Mrozinski atparagraph 9, where she cites the decision in R. v. Kwok (ON SC), 2007 O.J. No. 457 where Mr. Justice Molloy, Ibelieve it is Mr. Justice Molloy: ... identified certain factors that speak to aggravating factors on sentencing for purposes of the possession of child pornography.

Theseinclude the size of the collection; the nature of the collection, including the age of the children involved in the relative depravity andviolence depicted; the extent to which the offender is seen as a danger to children, including whether the offender is a diagnosedpedophile; and, whether the offender has purchased child pornography rather than downloading it for free from the internet. Thesefactors are not exclusive and they are not exhaustive, but they do provide guidance. I agree with that statement.

I will note very quickly that you are not seen as a danger to children, and you are not seen as a diagnosedpaedophile. [9] I note from the report of Dr. Fairweather at page 25 under subheading 3, that he writes as follows: Despite his denial of any paedophilic arousal, in the present interview Mr. Campbell nevertheless tearfully expressed a strong sense ofremorse and guilt over his actions. Mr.

Campbell emphasized that, contrary to his rationalizations before that he was merely "anobserver of content", he now recognizes that by searching out such material in the first place he reduced himself to a participant in theperpetuation of such exploitation of child victims. Further, in terms of his regret and remorse and in an effort to make amends in the best way that he possibly can, Mr. Campbell hassought psychological counselling, developed apparent insight into relevant risk factors and his progression/pattern of offending, and has

also pledged to conduct himself in the future in more healthy and productive ways. Furthermore, over the past half year, strong indications are that Mr. Campbell's emotional/mood functioning has improved substantially with the introduction of anti-depressant medication, Bupropion. While current testing results are more cautionary in suggesting that some depressive symptoms persist, interview and collateral data are more persuasive in supporting a conclusion that Mr. Campbell's depressive condition is now significantly better managed than it was late last year and probably for the preceding five years or more.

I continue on, paragraph number 4: On the question of deviant sexual arousal in this case, putting together the available information, once again Mr. Campbell claims no paedophilic interest, and although intimate/romantic contact with adult/same-age females have been absent or highly limited in the past, he reports that his sexual attractions are focused exclusively on adult women. There are no known indications of any prior sexual contact offences against children. Based on the available information, paedophilic arousal (or at least that being any sort of primary motivation for him) is viewed as unlikely here.

I turn to page 26 of the report, paragraph 6: Turning more specifically to questions of re-offence risk, Mr. Campbell presents overall as a low-risk individual. It is relevant to note that results from a well-established risk assessment measure (that is PCL:SV) indicate an absence of psychopathic traits which suggest low re-offence risk. Furthermore, based on clinical impressions and available test data, there are no signs of any personality disorder. I pause to note that that is a very important observation for maintaining public safety.

A personality disorder might make it more difficult to address your criminogenic factors. Moreover, the available data suggests no known history of contact sexual offences of any kind, and no history of violence. In addition, and as reflected on low-risk scores derived from the Stable 2007 and CPORT measures, Mr. Campbell presents generally as a pro-social individual who does not manifest the sorts of issues that would be common risk factors for sexual recidivism.

In conclusion, taken together with the available clinical data, psychological test results, collateral data and risk measure finding support an overall conclusion that Mr. Campbell is a low risk to re-offend and that his risk is manageable in the community. [ 10 ] I have also reviewed the treatment

summary of Dr. Lyne Piché, which provides firm evidence of your pre-existing depressive disorder which is now well-treated and under control. I also particularly note in her

summary the evidence presented with regards to the dramatic change in your previously incorrect thought process to more productive and progressive thought processes that also lower your risk to the community. [ 11 ] I have considered the mitigating factors and I am going to start with them: Your early guilty plea, your clear acceptance of responsibility through your guilty plea as well as through your actions, in obtaining and maintaining psychological treatment and commitment to medication.

To your expressed descriptions of remorse that are not superficial, to the community support that you are privileged to have with your family and long-standing family friends who are aware of the offence before the court. I consider that you are a first-time offender. I have considered the conclusion that you are a low risk to re-offend by the expert and that there is no diagnosis of paedophilia and that is viewed as unlikely.

I consider as an explanation, and as a somewhat attenuated mitigating factor, your mental health at the time that these offences occurred, as well as your personal background, social isolation, and your depressive disorder. Those are the mitigating factors. [ 12 ] The aggravating factors, first of all, involve the fact that this was a crime involving children. The quantity of material is an extremely significant aggravating factor. To be clear, the collection included 365,151 images, and 2,386 videos of suspected child pornography. Cpl.

McKinney, the police officer involved, reviewed 105,157 images and 202 videos and confirms that they met, in his view, the definition of child pornography. [ 13 ] I have considered, as well, the age of the children depicted in the images which ranges from infants, toddlers in baby "onesie" clothing, through a child whose sexual violation by an adult was documented from the age of below 10, up to the age of approximately 13. I have read the agreed statement of facts. It is extremely disturbing, the descriptions that have been laid out in that document.

I also note that the age difference between the children and the adult appears to be, again, substantial. The types of activities depicted in the materials, as described in the agreed statement of facts, does contain both vaginal and anal penetration by an adult male penis, as well as a sexual toy; oral sex both by the child and on the child; as well as bondage-type videos involving extremely young children; and sexual assault. The content of the material is highly aggravated. [ 14 ] But for the joint submission, I might have been inclined to impose a higher sentence. But given the enormous efforts taken by Mr.

Campbell to improve himself and to address any risk factors, I agree that the joint submission is appropriate in these circumstances. I therefore impose the following sentences: [ 15 ] Mr. Campbell, you are sentenced to 10 months in custody, after which there will be a two-year period of probation.

The terms of your probation order will be that you are to report in person to a probation officer at Unit 102 - 14245 - 56th Avenue in Surrey, British Columbia, within 72 hours of your release and thereafter as and when directed by your probation officer for the purpose of monitoring your compliance with the counselling condition of this order, and I am going to insert the word "solely" for the purpose of monitoring your compliance with the counselling condition of this order. [ 16 ] Either at or within seven days of your initial report to your probation officer, you will provide the probation officer with your current residential address and any telephone numbers that you may have.

You will thereafter not change either your residential address or any of your telephone numbers without the prior written consent of your probation officer. [ 17 ] You are to attend, participate in and complete your counselling with Dr. Lyne Piché as directed by your probation officer, or if Dr. Lyne Piché becomes unavailable, such counselling as directed by your probation officer.

[ 18 ] Counsel doesn't wish a specification with regards to the type of counselling in case it's not Dr. Piché? [ 19 ] MR. SHAPRAY: I don't think it's necessary. [ 20 ] THE COURT: I'm concerned that he won't receive mental health assistance. All right. [ 21 ] You shall not access the internet by any means, including wireless, handheld devices such as BlackBerrys, iPads or iPods, both, iPhones, Android phones, or any web-enabled internet-enabled cellular telephones, except (

a) for the purpose of legitimate employment and only while at your place of employment, which cannot be and shall not include your residence; (

b) if you have the prior written permission of your probation officer to access the internet, and where you are permitted to access the internet; and (

c) you may access the internet through your cellular telephone only for the limited purpose of sending and receiving emails. [ 22 ] You shall not own, possess or use a computer system with access to the internet, except (

a) for the purpose of legitimate employment and only while at your place of employment, which cannot be and shall not be your residence; or (

b) with the prior written permission of your probation officer, which shall include details about the location of the computer system. [ 23 ] You are not to seek or obtain any employment or volunteer work that involves being in a position of trust or authority towards persons under the age of 16 years for a period of two years.

This order is for two years. [ 24 ] Also for a period of two years, you shall not attend at any public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, school ground, playground or community centre. [ 25 ] I make the following ancillary orders: You are required, on a mandatory basis, to provide a sample of your DNA pursuant to s. 487.051(1). [ 26 ] You are required to comply with the Sex Offender Information Registry -- [ 27 ] THE CLERK: Your Honour, the DNA, is there a date that that's to be collected? [ 28 ] THE COURT: Mr.

Sheriff, my understanding is that it's collected fairly quickly, before the person is actually even transported to a remand centre. [ 29 ] THE SHERIFF: If there's an order for it to be done by the sheriffs, we do it here, Your Honour. Sometimes it's done afterwards. [ 30 ] THE COURT: All right. I am going to make an order that the sheriffs obtain the sample of DNA.

Thank you. [ 31 ] Pursuant to s. 490.012(1), you are required to comply with the requirements with the Sex Offender Information Registry Act for a period of 10 years. [ 32 ] Pursuant to s. 164.2(1), the portable hard drive seized by the police in this particular matter is forfeited. [ 33 ] I am required by law to impose a victim fine surcharge. I do impose that victim fine surcharge. I make it payable forthwith. I find you in default. You are sentenced to one day in custody concurrent to all other sentences. [ 34 ] I am also going to make the following additional orders.

I am ordering that a transcript of these proceedings are prepared on an expedited basis, and that such transcript shall be provided, as soon as they have been prepared, by the court registry to the B.C. Correctional Service. This transcript shall be provided immediately upon receipt by the court registry to the B.C. Correctional Service. [ 35 ] I am also ordering that a copy of the report of Dr. Fairweather and the

summary report by Dr. Piché be made by the court registry and provided immediately to the B.C. Correctional Service. (REASONS FOR SENTENCE CONCLUDED)