R. v. Lang (C.V.), (2015) 605 A.R. 118 (PC)

JudgeFradsham, P.C.J.
CourtProvincial Court of Alberta (Canada)
Case DateFebruary 05, 2015
Citations(2015), 605 A.R. 118 (PC);2015 ABPC 25

R. v. Lang (C.V.) (2015), 605 A.R. 118 (PC)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. MR.039

Her Majesty the Queen v. Cameron Vanderwater Lang

(130415193P1; 2015 ABPC 25)

Indexed As: R. v. Lang (C.V.)

Alberta Provincial Court

Fradsham, P.C.J.

February 5, 2015.

Summary:

The 40 year old accused pleaded guilty to possession of child pornography and distributing child pornography.

The Alberta Provincial Court sentenced the accused to one year's imprisonment for possession of child pornography and three years' imprisonment (consecutive) for distribution of child pornography.

Criminal Law - Topic 5803

Sentencing - General - Consecutive sentences - [See Criminal Law - Topic 5874 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5874 ].

Criminal Law - Topic 5874

Sentence - Manufacture, distribution or possession of obscene matter (incl. child pornography) - The 40 year old accused pleaded guilty to both possession of and distributing child pornography - The accused's collection consisted of 3107 unique photographic images and 5280 videos of varying lengths downloaded over a 14 month period at home and at work - The accused downloaded P2P software to access and distribute images with others - Most images and videos involved 10-15 year old boys - The accused's chat log history evidenced his intention to trade in child pornography and his assistance to like-minded persons - He had prior convictions for possession of child pornography (2007) and impaired driving (2002) - The accused's wife was divorcing him and he lost his job - The accused showed no remorse or empathy for abused children - Despite his denials, the accused was assessed as being sexually attracted to young boys and presented a moderate risk to re-offend respecting child pornography - The accused presented a disbelieved story of being abducted and sexually abused as a 13 year old boy - His stated intention was that he was involved with child pornography initially to search for images of himself as a victim of child pornography, which led to him accessing and distributing child pornography only to trap predators like the ones who abducted him - Aggravating factors included the large number of images seized, his previous record for the same offence, the degree to which the accused was prepared to assist other like-minded persons, and the 14 month period over which the offences were committed - The sole mitigating factor was the guilty plea - The Alberta Provincial Court sentenced the accused to one year's imprisonment for possession of child pornography and three years' imprisonment (consecutive) for distribution of child pornography - The sentences were consecutive because the accused possessed the images for his own gratification and distributed them for the additional purpose of trading so that he could obtain additional images.

Cases Noticed:

R. v. Hammond (C.M.) (2009), 469 A.R. 317; 470 W.A.C. 317 (C.A.), refd to. [para. 25].

R. v. Gauthier (J.S.) (2008), 425 A.R. 267; 418 W.A.C. 267 (C.A.), refd to. [para. 31].

R. v. Andrukonis (M.) (2012), 524 A.R. 306; 545 W.A.C. 306 (C.A.), refd to. [para. 34].

R. v. Hilderman (R.), [2010] A.R. Uned. 493; 2010 ABPC 183, refd to. [para. 35].

R. v. McArthur (C.J.), [2010] A.R. Uned. 561; 2010 ABPC 231, refd to. [para. 39].

R. v. V.L.-S., [2011] O.T.C. Uned. 218; 2011 ONSC 218, refd to. [para. 42].

R. v. Tettersell (A.J.) (2012), 524 A.R. 88; 545 W.A.C. 88 (C.A.), refd to. [para. 46].

R. v. Clayton (D.J.) (2012), 539 A.R. 326; 561 W.A.C. 326; 2012 ABCA 384, refd to. [para. 50].

R. v. Lukat (J.L.), [2014] A.R. Uned. 59; 2014 ABCA 112, refd to. [para. 53].

R. v. Marien, 2013 ONSC 6174, dist. [para. 56].

R. v. P.S., [2014] O.T.C. Uned. 674; 2014 ONSC 674, dist. [para. 59].

R. v. Doxtator, 2013 ONCJ 139, dist. [para. 63].

R. v. Auerswald (1976), 28 C.C.C.(2d) 177 (Ont. C.A.), refd to. [para. 65].

R. v. Korbut, 2012 ONCJ 691, refd to. [para. 65].

R. v. B.S.M. (2011), 502 A.R. 253; 517 W.A.C. 253; 2011 ABCA 105, refd to. [para. 66].

Counsel:

Nadine Nesbitt, for the Crown;

Jack Kelly, for the accused.

This matter was heard before Fradsham, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on February 5, 2015.

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3 practice notes
  • R. v. Hoben (B.J.), (2016) 381 Nfld. & P.E.I.R. 165 (NLPC)
    • Canada
    • Newfoundland and Labrador Newfoundland and Labrador Provincial Court (Canada)
    • April 6, 2016
    ...manifestly inappropriate nor clearly unreasonable, and denied leave to appeal, at R. v. Nadeau , 2015 QCCA 2086. [49] In R. v. Lang , 2015 ABPC 25, [2015] A.J. No. 151 (P.C.), a 39-year-old accused pleaded guilty to one count of possession of child pornography and one count of distribution ......
  • R v Downing, 2018 ABPC 257
    • Canada
    • Provincial Court of Alberta (Canada)
    • November 6, 2018
    ...demonstrably unfit. The Court of Appeal commented that the sentence could have been higher. [87] As well, this Court reviewed R v Lang, 2015 ABPC 25, where the offender pleaded guilty to a charge of possession of child pornography and a charge of distribution of child pornography. Lang was ......
  • R v BJL, 2021 ABPC 62
    • Canada
    • Provincial Court of Alberta (Canada)
    • February 12, 2021
    ...at a low risk to re-offend.  He was sentenced to one year incarceration. [72]        In R v Lang, 2015 ABPC 25, (“Lang”), the accused pleaded guilty to possession and to distributing child pornography.  The accused had 3,712 images ......
3 cases
  • R. v. Hoben (B.J.), (2016) 381 Nfld. & P.E.I.R. 165 (NLPC)
    • Canada
    • Newfoundland and Labrador Newfoundland and Labrador Provincial Court (Canada)
    • April 6, 2016
    ...manifestly inappropriate nor clearly unreasonable, and denied leave to appeal, at R. v. Nadeau , 2015 QCCA 2086. [49] In R. v. Lang , 2015 ABPC 25, [2015] A.J. No. 151 (P.C.), a 39-year-old accused pleaded guilty to one count of possession of child pornography and one count of distribution ......
  • R v Downing, 2018 ABPC 257
    • Canada
    • Provincial Court of Alberta (Canada)
    • November 6, 2018
    ...demonstrably unfit. The Court of Appeal commented that the sentence could have been higher. [87] As well, this Court reviewed R v Lang, 2015 ABPC 25, where the offender pleaded guilty to a charge of possession of child pornography and a charge of distribution of child pornography. Lang was ......
  • R v BJL, 2021 ABPC 62
    • Canada
    • Provincial Court of Alberta (Canada)
    • February 12, 2021
    ...at a low risk to re-offend.  He was sentenced to one year incarceration. [72]        In R v Lang, 2015 ABPC 25, (“Lang”), the accused pleaded guilty to possession and to distributing child pornography.  The accused had 3,712 images ......

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