R. v. D.D.B., 2015 ABPC 200

• Judge: Dinkel, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: September 22, 2015
• Citations: 2015 ABPC 200;[2015] A.R. TBEd. SE.105

R. v. D.D.B., [2015] A.R. TBEd. SE.105

MLB being edited

Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. SE.105

Her Majesty the Queen v. D.D.B.

(130298961P1; 2015 ABPC 200)

Indexed As: R. v. D.B.B.

Alberta Provincial Court

Dinkel, P.C.J.

September 22, 2015.

Summary:

The now 46 year old accused pleaded guilty to distributing child pornography (Criminal Code, s. 163.1(3)), possessing child pornography (s. 163.1(4)), making child pornography (s. 163.1(2)) and counselling sexual assault and/or sexual interference (s. 464(a)). The accused had prior convictions for sexual assault, possession of child pornography, inviting sexual touching dating from 1985, all involving sexual offences against young children. He was diagnosed as being a paedophile. The Crown sought to have the accused declared to be a long-term offender. The issue was whether the court was satisfied beyond a reasonable doubt that there was a substantial risk of the accused re-offending. The Crown and accused agreed that there was a reasonable possibility of eventual control of the risk presented by the accused in the community.

The Alberta Provincial Court declared the accused to be a long-term offender. There existed a pattern of repetitive behaviour of sexually offending against children. There was a high risk of sexual recidivism. The court imposed a global sentence of 10.5 years' imprisonment, reduced to eight years' imprisonment to reflect the totality principle. After credit for pre-trial custody on a 1.5 to 1.0 basis (also 2.0 to 1.0 credit for a 38 day trial delay when the accused was assaulted while in custody), the net sentence to be served was two years, 10 months and 19 days. The accused would be subject to a 10 year supervision order upon his release. The court ordered forfeiture of all seized property, a DNA registration order, a lifetime ban on certain activities respecting children and internet usuage under s. 161 of the Criminal Code, and a lifetime registration order under the Sex Offender Information Registration Act.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by a publication ban under s. 100 of the Family Law Act and Maritime Law Book's editorial policy.

Criminal Law - Topic 5798.1

Punishments (sentence) - Prohibition orders - Respecting contact with children - See paragraphs 18 to 119.

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - See paragraphs 18 to 119.

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - See paragraphs 18 to 119.

Criminal Law - Topic 5874

Sentence - Manufacture, distribution or possession of obscene matter (incl. child pornography) - See paragraphs 18 to 119.

Criminal Law - Topic 5950

Sentence - Sexual interference with young person - See paragraphs 18 to 119.

Criminal Law - Topic 6503.1

Dangerous or long-term offenders - Detention (incl. common law preventive detention) - Long-term offender - Defined - See paragraphs 18 to 119.

Criminal Law - Topic 6558

Dangerous or long-term offenders - Detention (incl. common law preventive detention) Protection of the public - Dangerous sexual offender - See paragraphs 18 to 119.

Criminal Law - Topic 6577

Dangerous or long-term offenders - Detention (incl. common law preventive detention) - Sentencing - Community or long-term supervision order - See paragraphs 18 to 119.

Counsel:

Aurelie Beland and Martha O'Connor, for the Crown;

Joan Blumer, for the accused.

This matter was heard at Calgary, Alberta, before Dinkel, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on September 22, 2015.