R. v. Beleznay (K.), (2014) 459 Sask.R. 307 (PC)

• Judge: Jackson, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: November 21, 2014
• Jurisdiction: Saskatchewan
• Citations: (2014), 459 Sask.R. 307 (PC);2014 SKPC 200

R. v. Beleznay (K.) (2014), 459 Sask.R. 307 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. DE.010

Her Majesty the Queen v. Kelly Beleznay

(Information No. 24484581; 2014 SKPC 200)

Indexed As: R. v. Beleznay (K.)

Saskatchewan Provincial Court

Jackson, P.C.J.

November 21, 2014.

Summary:

The accused was convicted of possession of child pornography (s. 163.1(4) of the Criminal Code) and making child pornography available (s. 163.1(3)).

The Saskatchewan Provincial Court sentenced the accused to 36 months' imprisonment (24 months for s. 163.1(4) and 12 months consecutive for s. 163.1(3)). The court also made ancillary orders including a lifetime Sex Offender Information Registration Act order and a 15 year order under ss. 161(1)(a), 161(1)(b) and 161(1)(c) of the Criminal Code, regarding contact with persons under 16 years of age.

Criminal Law - Topic 5847

Sentencing - Considerations on imposing sentence - Remorse of accused - [See Criminal Law - Topic 5874 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children (incl. child pornography) - [See Criminal Law - Topic 5874 ].

Criminal Law - Topic 5874

Sentence - Manufacture, distribution or possession of obscene matter (incl. child pornography) - The accused was convicted of possession of child pornography (s. 163.1(4) of the Criminal Code) and making child pornography available (s. 163.1(3)) - The Saskatchewan Provincial Court sentenced the accused to 36 months' imprisonment (24 months for s. 163.1(4) and 12 months consecutive for s. 163.1(3)) - There were roughly 60,000 files and images, including photographs and videos - The victims ranged in age from infants to early teens - The accused had shared 116 files with over 4,000 users - The manner and magnitude of making the images available to others warranted a distinctive approach to this sentencing - Further, the accused had "zero" insight into the nature and magnitude of the harm caused to the children and no empathy for them as victims - The accused's lack of insight and remorse was "frankly appalling" - The only mitigating factor was the accused's lack of a criminal record - The court also made ancillary orders including a lifetime Sex Offender Information Registration Act order and a 15 year order under ss. 161(1)(a), 161(1)(b) and 161(1)(c) of the Criminal Code, regarding contact with persons under 16 years of age.

Cases Noticed:

R. v. Stupnikoff (D.D.) (2013), 416 Sask.R. 307; 2013 SKPC 57, refd to. [para. 9, footnote 2].

R. v. Kroeker (D.J.) (2014), 456 Sask.R. 41; 2014 SKQB 137, dist. [para. 12, footnote 6].

R. v. Johannson (S.B.) (2009), 330 Sask.R. 51; 2009 SKQB 12, refd to. [para. 14, footnote 7].

Counsel:

M. Segu, for the Crown;

B. Pfefferle, for the accused.

This matter was heard at Saskatoon, Saskatchewan, by Jackson, P.C.J., of the Saskatchewan Provincial Court, who delivered the following sentencing decision on November 21, 2014.