R. v. Lorenz (C.A.M.), (2012) 402 Sask.R. 51 (QB)

• Judge: Schwann, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 26, 2012
• Jurisdiction: Saskatchewan
• Citations: (2012), 402 Sask.R. 51 (QB);2012 SKQB 391

R. v. Lorenz (C.A.M.) (2012), 402 Sask.R. 51 (QB)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. OC.025

Her Majesty the Queen v. Corey Allan Mathias Lorenz

(2011 NJ No. 79; 2012 SKQB 391)

Indexed As: R. v. Lorenz (C.A.M.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Schwann, J.

September 26, 2012.

Summary:

The accused was charged with making available to others child pornographic videos and images (Criminal Code, s. 163.1(3)) and possession of child pornographic videos and images (s. 163.1(4)). The accused pleaded guilty to the possession charge at the commencement of proceedings and the trial proceeded on the "making available" charge alone.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2012), 402 Sask.R. 38, acquitted the accused of making child pornographic videos and images available to others.

The Saskatchewan Court of Queen's Bench sentenced the accused to nine months' incarceration, to be followed by three years' probation for possession of child pornographic videos and images. The court also made ancillary orders. As the accused had effectively spent a day in jail owing to confusion about reporting obligations at the outset of release, the court also sentenced him to one day incarceration, time served, on the breach of undertaking offence.

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

Sentencing - Manufacture, distribution or possession of obscene matter (incl. child pornography) - The 42 year accused construction worker pleaded guilty to possession of child pornographic videos and images - The Saskatchewan Court of Queen's Bench sentenced the accused to nine months' incarceration, to be followed by three years' probation - Aggravating factors were that the accused never accepted responsibility for the harm of his actions or acknowledged they contributed to the manifest violation of children; lack of remorse; abuse of a person under 18 years of age (Criminal Code, s. 718.2(a)(ii.1)); the substantial volume of child pornographic material and lengthy time over which the offence took place; and the accused's failure to seek out treatment or counselling - Mitigating factors were that the accused's only prior conviction was for drinking and driving in 1988, and he pled guilty to the present charge, voluntarily gave a statement to police and cooperated with the investigation.

Cases Noticed:

R. v. Ipeelee (M.), [2012] 1 S.C.R. 433; 428 N.R. 1; 288 O.A.C. 224; 318 B.C.A.C. 1; 541 W.A.C. 1; 2012 SCC 13, refd to. [para. 21].

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. 28].

R. v. Hammond (C.M.) (2009), 469 A.R. 317; 470 W.A.C. 317; 249 C.C.C.(3d) 340; 2009 ABCA 415, refd to. [para. 29].

R. v. Pattison (S.D.) (2012), 403 Sask.R. 145; 2012 SKQB 330, refd to. [para. 30].

R. v. Andrukonis (M.) (2012), 524 A.R. 306; 545 W.A.C. 306; 2012 ABCA 148, refd to. [para. 31].

R. v. Marks, [2011] O.J. No. 6335 (C.J.), refd to. [para. 32].

R. v. Jacques (C.A.) (2012), 400 Sask.R. 278; 2012 SKQB 277, refd to. [para. 33].

Counsel:

Roger V. De Corby, for the Crown;

Michael S. Scott, for the accused.

This sentencing matter was heard by Schwann, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following decision on September 26, 2012.