R. v. Karlenzig (B.E.), 2013 SKPC 48

• Judge: Gray, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: March 15, 2013
• Jurisdiction: Saskatchewan
• Citations: 2013 SKPC 48;(2013), 415 Sask.R. 262 (PC)

R. v. Karlenzig (B.E.) (2013), 415 Sask.R. 262 (PC)

MLB headnote and full text

Temp. Cite: [2013] Sask.R. TBEd. AP.046

Her Majesty the Queen v. Bruce Edward Karlenzig

(Information No. 44304868; 2013 SKPC 48)

Indexed As: R. v. Karlenzig (B.E.)

Saskatchewan Provincial Court

Gray, P.C.J.

March 15, 2013.

Summary:

The accused pled guilty to a charge of possessing child pornography.

The Saskatchewan Provincial Court sentenced the accused to one year of incarceration followed by three years of probation. The court also imposed a DNA order, an order to comply with the Sex Offender Information Registration Act for a period of 10 years, a forfeiture order pursuant to s. 490.1 of the Criminal Code, and an order in the wording of s. 161 of the Code, with the exception that the accused could attend the places prohibited if he was in the presence of a sober, responsible adult who was aware of his conviction.

Criminal Law - Topic 5874

Sentence - Manufacture, distribution or possession of obscene matter (incl. child pornography) - The accused pled guilty to a charge of possession of child pornography (192 videos and 683 still images) - The Saskatchewan Provincial Court considered that the accused was 57 years old with no prior criminal record, he had earned Masters Degrees in both Arts and Continuing Education, and he had expressed remorse and said he wanted treatment - However, the court also noted that the accused spent a considerable amount of money purchasing DVDs containing child pornography and thus contributed to the business of victimizing children - His collection could be characterized as of a medium size and the content could be described as mid-range - It was also of concern that the accused had video footage of neighbourhood children at play without any explanation or justification for that possession - The court concluded that the appropriate sentence to impose on the accused was one year of incarceration followed by three years of probation - The court also imposed a DNA order, an order to comply with the Sex Offender Information Registration Act for a period of 10 years, a forfeiture order pursuant to s. 490.1 of the Criminal Code, and an order in the wording of s. 161 of the Code, with the exception that the accused could attend the places prohibited if he was in the presence of a sober, responsible adult who was aware of his conviction.

Cases Noticed:

R. v. Kwok (A.), [2007] O.T.C. 291; 2007 CarswellOnt 671 (Sup. Ct.), refd to. [para. 7].

R. v. Davies (K.), [2012] O.T.C. Uned. 6021; 2012 ONSC 6021, refd to. [para. 7].

R. v. Spencer (M.D.) (2011), 377 Sask.R. 280; 528 W.A.C. 280; 2011 SKCA 144, refd to. [para. 7].

R. v. Sharpe (J.R.), [2001] 1 S.C.R. 45; 264 N.R. 201; 146 B.C.A.C. 161; 239 W.A.C. 161; 2001 SCC 2, refd to. [para. 9].

R. v. Bock (W.), [2010] O.T.C. Uned. 3117 (Sup. Ct.), refd to. [para. 10].

R. v. Benson (A.J.) (2012), 385 Sask.R. 164; 536 W.A.C. 164; 2012 SKCA 4, refd to. [para. 11].

R. v. Lorenz (C.A.M.) (2012), 402 Sask.R. 51; 2012 SKQB 391, refd to. [para. 11].

Counsel:

M. Segu, for the Crown;

I. Wagner, for the accused.

This matter was heard at Saskatoon, Saskatchewan, before Gray, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on March 15, 2013.