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An Ottawa IT specialist who amassed one of the “largest and worst” child porn collections police said they’d ever seen will serve even more time behind bars, thanks to a successful appeal by the Crown.
Mahlon Inksetter, then 51, was sentenced to two years less a day plus three years’ probation in August 2017.
But in a decision released Wednesday, the Court of Appeal for Ontario instead imposed a three-and-a-half year sentence on charges of possessing child pornography and making it available.
The appeal panel found that while Judge P.K. Doody “specifically acknowledged that denunciation and deterrence were the paramount sentencing objectives” for child pornography, “his reasons demonstrate that he failed to give them paramount effect and that his error had an impact on the sentence he imposed.”
Police identified more than 133,000 images and 3,000 videos on Inksetter’s computer that qualified as child pornography, although a large number were duplicates.
A detective testified that his collection “was among the top one or two most difficult collections she has ever had to review,” according to the appeal court decision.
“Ninety-five per cent of the material depicted actual penetration and other explicit sexual activity. Some of the images of explicit sexual activity involved children as young as one year old. The images included bondage and bestiality.”
The material Inksetter downloaded was available to others online so long as it remained in a “shared” folder on his computer, which had 167 unique files in April 2016.
That’s when Inksetter was arrested as part of a sweeping investigation by the Ontario Provincial Police, the Ottawa Police Service and the RCMP that netted 80 suspects across the province.
Doody characterized Inksetter’s collection as “at the extreme end of the spectrum” but pointed to his circumstances.
He “showed real remorse and insight” and had no criminal record. Psychiatrists opined that he’d turned to pornography, along with increasing pot use, to “numb out reality” as he tried to help an ex-girlfriend struggling with schizophrenia, but was likely not a pedophile and posed a very low risk to re-offend.
He pleaded guilty at the first opportunity and was likely to lose his job as an information technology specialist at the Canada Revenue Agency.
The judge justified sending Inksetter to provincial jail instead of a federal penitentiary, the latter where longer sentences are served, because it allowed him to order probation. That would both ensure he got more counselling and allow a longer period of “control and supervision,” including police searches of his devices, than the four-and-a-half years behind bars sought by the Crown, he concluded.
But “probation has traditionally been viewed as a rehabilitative sentencing tool,” the appeal court noted, not the “denunciation and general deterrence” Parliament has made clear is the primary consideration in sentencing for crimes that involve child abuse.
The Crown’s evidence at Inksetter’s sentencing reinforced the fear that child pornography offending “appears to be increasing and expanding as technology becomes more sophisticated.”
Offenders can access it through peer-to-peer networks and the dark web as easily as they can now access the internet and do a Google search, the decision notes. Members of the Ottawa internet child exploitation unit (ICE) learn of new applications used in child pornography crimes on average of about once a week.
“There are so many reports of child pornography related crime coming into the Ottawa ICE unit that the police have to triage by how bad the child pornography is,” according to the appeal court decision. “The images and videos keep getting more aggressive. The police are now identifying more images of ‘baby rape.'”
In 2015, the minimum sentence for possession of child pornography was increased to one year behind bars and the maximum to 10 years if the Crown proceeds by indictment. The minimum sentence for making child pornography available is also one year, but the maximum is 14 years.
— With files from Andrew Duffy
查看原文...
Mahlon Inksetter, then 51, was sentenced to two years less a day plus three years’ probation in August 2017.
But in a decision released Wednesday, the Court of Appeal for Ontario instead imposed a three-and-a-half year sentence on charges of possessing child pornography and making it available.
The appeal panel found that while Judge P.K. Doody “specifically acknowledged that denunciation and deterrence were the paramount sentencing objectives” for child pornography, “his reasons demonstrate that he failed to give them paramount effect and that his error had an impact on the sentence he imposed.”
Police identified more than 133,000 images and 3,000 videos on Inksetter’s computer that qualified as child pornography, although a large number were duplicates.
A detective testified that his collection “was among the top one or two most difficult collections she has ever had to review,” according to the appeal court decision.
“Ninety-five per cent of the material depicted actual penetration and other explicit sexual activity. Some of the images of explicit sexual activity involved children as young as one year old. The images included bondage and bestiality.”
The material Inksetter downloaded was available to others online so long as it remained in a “shared” folder on his computer, which had 167 unique files in April 2016.
That’s when Inksetter was arrested as part of a sweeping investigation by the Ontario Provincial Police, the Ottawa Police Service and the RCMP that netted 80 suspects across the province.
Doody characterized Inksetter’s collection as “at the extreme end of the spectrum” but pointed to his circumstances.
He “showed real remorse and insight” and had no criminal record. Psychiatrists opined that he’d turned to pornography, along with increasing pot use, to “numb out reality” as he tried to help an ex-girlfriend struggling with schizophrenia, but was likely not a pedophile and posed a very low risk to re-offend.
He pleaded guilty at the first opportunity and was likely to lose his job as an information technology specialist at the Canada Revenue Agency.
The judge justified sending Inksetter to provincial jail instead of a federal penitentiary, the latter where longer sentences are served, because it allowed him to order probation. That would both ensure he got more counselling and allow a longer period of “control and supervision,” including police searches of his devices, than the four-and-a-half years behind bars sought by the Crown, he concluded.
But “probation has traditionally been viewed as a rehabilitative sentencing tool,” the appeal court noted, not the “denunciation and general deterrence” Parliament has made clear is the primary consideration in sentencing for crimes that involve child abuse.
The Crown’s evidence at Inksetter’s sentencing reinforced the fear that child pornography offending “appears to be increasing and expanding as technology becomes more sophisticated.”
Offenders can access it through peer-to-peer networks and the dark web as easily as they can now access the internet and do a Google search, the decision notes. Members of the Ottawa internet child exploitation unit (ICE) learn of new applications used in child pornography crimes on average of about once a week.
“There are so many reports of child pornography related crime coming into the Ottawa ICE unit that the police have to triage by how bad the child pornography is,” according to the appeal court decision. “The images and videos keep getting more aggressive. The police are now identifying more images of ‘baby rape.'”
In 2015, the minimum sentence for possession of child pornography was increased to one year behind bars and the maximum to 10 years if the Crown proceeds by indictment. The minimum sentence for making child pornography available is also one year, but the maximum is 14 years.
— With files from Andrew Duffy
查看原文...
