R. v. K.F. Date:, 2015 BCPC 417

Citation: R. v. K.F. Date: 20150808 2015 BCPC 0417 File No: Y9343-1 Registry: Abbotsford IN THE PROVINCIAL COURT OF BRITISH COLUMBIA Youth Court REGINA v. K.F. REASONS FOR SENTENCE OF THE HONOURABLE JUDGE B.G. HOY BAN ON PUBLICATION s. 486.4(1) CCC Counsel for the Crown: S. Domaradzki Counsel for the Accused: L. Rudovica

Place of Hearing: Abbotsford , B.C. Date of Hearing: November 17, 24, 25, 2014, March 3, 4, 6, May 15, 2015 Date of Sentence: August 8, 2015 [ 1 ] THE COURT: After a multi-day trial the defendant K.F. was convicted of possession and distribution of child pornography. I do not intend to review the facts in any depth of detail. My reasons for conviction were given on June 12, 2015. Briefly stated, the young offender had taken a still photograph from a video clip of A.K. performing fellatio on a male who was mutually known to both of the girls. The reason for committing such

an act was driven by jealousy. This was not a spur of the moment reaction to the video she had seen of A.K. having sex with the mutual male. Rather, she had carefully planned the offence by the creation of a fake account on Facebook, drawing A.K. into communicating with her until she revealed the pornographic image on her wall board to those on A.K.'s contact list. It was an image that was open for anyone to see. She meant to be hurtful and stated as such, not only by the image but as well by the text messages she had sent to her and to A.K.'s mother.

She knew A.K. was 15 years old. [ 2 ] The defence says a conditional discharge is appropriate, while the Crown has submitted that the proper sentence is probation. K.F. is now 20 years old. At the time of the offence she was 17. The offence date was November 5, 2012. She came from a fractured family background. Her parents were addicts. With Ministry involvement starting at two years of age, she was moved from time to time between her parents' residence and other relatives. At the age of seven she, along with her two sisters, returned to live with their father. The girls were exposed to his addiction habits.

He, as well, was sexually abusive to the girls for which he received a jail sentence of three years. By the offence date she had returned to live with an aunt and uncle in Mission. [ 3 ] Shortly after turning 17 she became romantically involved with the male referred to earlier in this judgment. This was her first boyfriend. Their interaction was unhealthy, as he would socially isolate her, make threats of harm or assault her while at the same time professed his love to her. She felt controlled by his conduct.

She explained it was in this state of emotional confusion and poor choices that led her to commit the offence. She has now recently married. Her spouse has his own painting and chimney business. From her passion in dance she teaches this skill to others. She also holds hope for a modelling career and wants to travel to the States for modelling opportunities. She deeply regrets her conduct and acknowledges being emotionally immature as she dealt with this love triangle.

At one point she felt such distress that she contemplated taking her own life after the incident had occurred. [ 4 ] I have no doubt of the sincerity of her remorse. It is fair to say she has matured over the years since the incident and presents as a person who is motivated towards a positive lifestyle. Other than this offence, she does not have other involvement in the criminal justice system. [ 5 ] The circumstances in the recent decision of R. v. M.B.

April 27, 2015 Victoria No. 5620-2C is somewhat similar to the case at bar in the sense that an intimate image of child pornography had been distributed, driven by the young person's jealousy in a love triangle. One factual distinction is that the image in the M.B. case did not depict a sexual act. Furthermore, the image sent was only viewable by the victim, as no efforts were made to distribute it on a widespread basis, other than to one other friend of the young offender.

A conditional discharge was determined to be appropriate in the circumstances of that case. [ 6 ] The result of K.F.'s conduct has been devastating upon A.K. The impact of its distribution caused extreme emotional distress. It had been sent to those in her school, friends and relatives. As she comments, there are likely countless others whom she does not know who have seen the image. At one point she describes schoolmates making derogatory comments to her while she was out walking. She felt overwhelmed as she experienced confusion, embarrassment and shame.

There was a deep sense of personal violation as she had lost the respect of others. In her depressed state she did not leave her room for several days and contemplated suicide. She remains anxious and has lost trust in others. [ 7 ] The Youth Criminal Justice Act contains a number of sentencing principles and purposes.

Amongst them they include accountability that is fair and proportionate to the seriousness of the offence and the degree of culpability of the offender, the promotion of rehabilitation and reintegration into society and the promotion of a sense of responsibility and acknowledgement of the harm done to the victim and the community. For this youth, her offending conduct is not a set of circumstances that can be categorized as impulsive or unsophisticated.

Her creation of a fake account and distribution of an image of a child performing a sexual act to the victim's contact list on Facebook was a planned offence that was vengeful and intended to degrade the victim's personal self-worth. It is a form of bullying that society condemns. This was an intentional act, with the objective of emotional harm. Her degree of culpability is high in this serious offence. While there is no doubt a discharge would be in this youth's best interest, it would be contrary to the public interest to allow such a sentence.

One does not have to look very far in this electronic age to see the abuse that has grown from technology. The image of A.K. is forever available. Its distribution through the anonymity of the internet is an aggravating feature. The public has a keen interest in ensuring that offences involving child pornography are prohibited. [ 8 ] In the circumstances, and balancing the principles and purposes of sentencing youths, the sentence imposed is probation for a period of a year. The terms are these: keep the peace, be of good behaviour. Report forthwith to a probation officer and thereafter as directed.

You are to provide an address to your probation officer and not change it without his prior approval. No contact direct or indirect with A.K. or any members of her family, except as may be provided by this order. You must not attend at any premises known by you to be the residence, school or workplace of A.K. or any members of her family. A youth court worker may, subject to the consent of A.K., convene a conference with the young offender for the purposes of facilitating reconciliation.

You shall perform and complete at the direction and to the satisfaction of your youth court worker 25 hours of community work service, to be completed on or before December 1st, 2015. This is a primary designated offence. Pursuant to s. 487.051(

a) you are to supply a sample of your DNA. This offence is from Mission, and so the date that she would attend the detachment is when? [PROCEEDINGS] [ 9 ] THE COURT: I will require that you report this Thursday, August 20th at the Mission detachment of the RCMP. Sorry, the

time again, Madam Clerk? [ 10 ] THE CLERK: It is between 8:00 a.m. and 12 noon, Your Honour. [ 11 ] THE COURT: All right, thank you. That concludes this file. B.G. HOY Provincial Court Judge