Welcome to my Crime and Justice blog! I am a 19 year old criminal justice student at the University of Winnipeg. I advocate for prisoners' rights, human rights, equality and criminal justice/prison system reforms.
Showing posts with label Distributing Child Pornography. Show all posts
Showing posts with label Distributing Child Pornography. Show all posts

Monday, August 23, 2010

Facebook revenge plot nets prison sentence. Completely inappropriate.

A Winnipeg man is heading to jail for posting nude photos of his 16-year-old former girlfriend on Facebook.
The 18-year-old – who can’t be named to protect the identity of the victim – pleaded guilty to distributing child pornography and criminal harassment. He was sentenced on Friday to six months behind bars as part of a joint-recommendation from Crown and defence lawyers.
Crown attorney Terry McComb told court the girl took the pictures of herself and emailed them to the accused when she was just 15. The pair had been in a relationship for nearly two years but broke up last spring.

The accused was apparently upset after learning she was in a new relationship with a man he didn’t like and decided to seek revenge by creating a Facebook account under a bogus name, then posting the pictures online and sending links to friends of the girl and her new boyfriend, court was told.
The photos included topless shots of the teen and others which showed her naked torso, but not her face. In Canada, nude photos of a sexual nature depicting anyone under the age of 18 are considered child pornography.
The accused was arrested in April and spent four nights in custody before getting bail. He then sent his ex-girlfriend an email apology. "I’m sorry for showing you to his friends. I got charged with child pornography and that’s killer," he wrote.
The man was quickly re-arrested by police and charged with violating his bail by having contact with the victim. He has been in custody at Headingley Jail ever since.
Provincial court Judge Kelly Moar called the man’s actions "totally reprehensible" and noted the explicit pictures of the girl will remain online forever.
"What you chose to do is unfortunately something that cannot be undone," Moar said. "There's no delete button on the Internet. Those things float forever on the Internet."
Defence lawyer Michelle Bright said her client was motivated by revenge, not sexual deviance. A pre-sentenced report shows he is a low-risk to re-offend and has expressed remorse for his actions.
Moar sentenced the man to three and-a-half more months in jail, in addition to two and-a-half months of time already served. He also placed the accused on two years of supervised probation which includes an order to stay away from the victim. He is also banned from having any Internet access unless it’s related to his work or schooling and must attend domestic counselling.

A young Winnipeg man's plot to seek revenge on his ex-girlfriend by posting explicit photos of the teen on Facebook has netted him a six-month jail term for distributing child pornography.
The 18-year-old was sentenced Friday after pleading guilty in July to the child-pornography charge and another allegation of criminal harassment.
'I'm sorry for showing you to his friends … I got charged with child pornography and that's killer.'— 18-year-old who tried to get revenge on former girlfriend
A court-ordered ban prevents his name from being published because it could identify the 16-year-old victim.
The two teens had been in a romantic relationship for about two years but broke up in March, court heard.
The man was arrested in April after friends of the victim's new boyfriend were sent an online link taking them to a Facebook profile page in the girl's name. Explicit photos of her were posted there, Crown prosecutor Terry McComb said.
The 18-year-old spent four nights in jail but was released on bail conditions that included a ban against contacting the younger teen for any reason.
However, a few days after his release, he created a new Hotmail email account and sent the victim a message, McComb said.
"Please just read and don't tell the cops," the message said. "I'm sorry for showing you to his friends … I got charged with child pornography and that's killer."
McComb told provincial court Judge Kelly Moar that the apology was not allowed under the bail terms.
After reading the email, the girl phoned police, who quickly rearrested the young man and charged him with harassment. He's been held at the Headingley Correctional Centre ever since.
Defence lawyer Michelle Bright said a need for revenge motivated the 18-year-old after his ex-girlfriend started a relationship, not long after the breakup, with someone he didn't like.
The teen is remorseful for what he did and told a probation officer, "I don't like [jail], but I deserve it," Bright said.
Moar called the man's actions "totally reprehensible" and said it's possible he made the girl a lifelong victim of sexual exploitation because of the permanence of online content.
"What you chose to do … is unfortunately something that cannot be undone," Moar said. "There's no delete button on the internet. Those things float forever on the internet."
Moar sentenced the man to three and a half more months in jail after crediting him for the more than two months he's already spent locked up.
Moar also ordered him to two years on supervised probation, which forbids him from having any access to the internet or using a computer unless it's at work or school.
A court-ordered pre-sentencing report recommended the teen be released immediately into a community-based domestic-violence treatment program. McComb and the man's lawyer, Michelle Bright, told Moar the case was more akin to one involving domestic violence and not sexual deviance.
At the request of the lawyers, Moar declined to have the man's name placed on a federal database of sex-offenders, calling such a move "grossly disproportionate" given the circumstances of the case.


So what purpose does prison serve in this case? Absolutely none. We should not imprison non violent and non dangerous offenders, such as this teen. Prison for this teen is harsh, inappropriate and excessive. He is not a child molester or sex offender! The public does not need to be protected from this man. Jail will cause more harm than good. He should have received community service and counseling. He expressed remorse for his stupidity and is being punished for apologizing. He cannot have internet access unless it's related to work or schooling. Imprisoning this teen and giving him a criminal record, creates barriers for employment in his future. He made a mistake. He didn't intend to "distribute." Youth brains are under-developed and they do not consider the consequences of their actions or the possibility of punishment. He made a bad decision, that's all. Prison is completely inappropriate. This man is not a child molester or predator by any means. He is not dangerous to society. The made a mistake and posted the pictures. Imprisoning him is a waste of money and resources and causes further overcrowding when the courts overrely on prisons. It is waste of money and the courts. Prisons are the schools of crime and educate non violent offenders to become hardened criminals. They learn skills and how to avoid detection.

This man's actions were a mistake. He had no intention to "distribute" child pornography. It was a mistake made in the heat of the moment, with contributing emotions of rage and revenge. Prison is completely inappropriate. It serves no purpose and fails to address the social and economic, psychological and biological root causes of the crime. This man will be released with no rehabilitation, and a criminal record which creates barriers to later employment and housing opportunities. He is a low risk to re-offend, is not a danger to society and expressed remorse for his actions. Prison is an excessive punishment. I also think that holding this man at Headingly prior to his court date, was also excessive. Prison is a negative environment with negative influences and pro criminal attitudes. He should have been granted bail as he is not a danger to society. This crime was motivated by a need to revenge and emotions of rage. This man should have received 2 years probation with no access to internet or contact with the victim, court ordered counseling and community service. That would be more meaningful than prison.     

it has been proven time and time again that punishment in most cases, is completely ineffective. Rehabilitation, and prevention and restoration are the effective and long term crime solutions. Too bad the Conservatives ignore criminological and sociological research....

haha 3,000 years we've been throwing people in prison. 3000 years it hasn't been working. I distinctly remember having this conversation already. See what I mean about not changing opinions? You are fighting a battle of wits, with an unarmed opponent. There is no way to win. He will just scream "CRIMINALS" every time he sees a crime, and never look past it.

There are much better ways to punish and rehabilitate people than prison. The fact we don't use them is pretty telling. Nobody learns from prison, except how to commit more crimes. My proof? Look at yourself. What do you learn from? Certainly not the people you encounter in your day to day life. You learn from what you believe will benefit you. You see no value in others peaceful beliefs because you cannot make profits from it, so you choose to discard them.

This is the type of mentality that supports our wholesale industrial slaughter of innocent human beings halfway across the world, on the premise that 'we' are better, and deserve more rights, than other people.
 





Prison for this man is harsh, inappropriate and excessive. He is not a danger to society and is a low risk to re-offend. He made a mistake by posting nude pictures of his ex-girlfriend online that was motivated by a desire for revenge and emotions of rage. He expressed remorse for his actions. Prison serves no purpose, has negative effects and creates barriers for employment and housing opportunities. He should have received probation and community service.  

Wednesday, April 28, 2010

Woman in Phillipines helps investigation into Manitoba sex offender


A concerned woman in the Philippines was the key to bringing a Manitoba sex offender to justice.
Bruce Nelson pleaded guilty Tuesday to charges of child pornography and indecent exposure in an unusual case that began overseas. He was given eight months of time served in custody and three years of supervised probation under a joint recommendation from Crown and defence lawyers.
Nelson, 48, admits he was sending explicit images of nude young children to strangers over the Internet from his home computer in Pinawa. He always claimed to be the father of the girls in the pictures, court was told.
In fact, Nelson had actually downloaded all of the pictures from the Internet and didn't know any of the children. One of the unwitting recipients was a Filipino woman who began asking Nelson questions about his background with hopes of building a case against him, including where he lived. She then went to child welfare authorities in her home country, who quickly forwarded the complaint to Canadian authorities.
Police traced the images to Nelson's computer and executed a search warrant in 2008. They found evidence of hundreds of similar online chats along with more than 1,000 graphic images and 88 movies involving child pornography. Nelson had no prior criminal record and was released on a promise to appear in court. But he was rearrested months later after exposing himself to two children, aged five and nine, that he approached on a gravel road in Pinawa. Nelson told the kids there was a baby deer down the road and invited them to come for a closer look. He then exposed himself. The children fled the area and immediately told a parent.
Nelson was quickly identified by his description and the car he was driving.
He was eventually released yet again on bail, then failed to report to police in January as required. He was arrested a third time and has been in custody since. A psychiatrist has deemed Nelson a low risk to reoffend but can't explain what motivated him to "go off the rails," court was told. Nelson is the father of two children, has been in a long-term relationship and worked full time at the same job for nearly 30 years.
Provincial court Judge Brian Corrin said he is concerned by an escalation in Nelson's criminal behaviour that saw him go from viewing images of child pornography to "getting gratification in a public place with small children."

I completely agree with the sentence of probation. This man is a low risk to re-offend and has no prior record. He has children, is in a long term relationship and has a full time job. He needs to support his family. Prison would only tear this family apart and likely have damaging effects on this man because he would be a low risk offender housed with high risk offenders. This has been proven to increase recidivism rates when offenders are released. This man should receive counseling, and learn management skills for his sexual impulses.


Under probation, I would recommend management of deviant impulses, relapse prevention programs and sex offender programs in the community. They cannot be cured, but they can be rehabilitated.

Saturday, March 27, 2010

Judge boosts jail time for child pornographer in Calgary

Lawyer had suggested two year term

C omplaining the courts have been too lenient in punishing child pornographers, a judge has sent a 34-year-old Calgary man to prison for three years.
"In my view, we have been too lenient in regards to this offence," said Queen's Bench Justice Ged Hawco, who rejected the proposal for a two-year sentence for Giuseppe Antonio Secreti.
Hawco called the photos and videos of pre-pubescent children in Secreti's possession "disturbing, degrading and abusive."
"These were taken primarily by men who are predators and sexual deviants," said Hawco. "It is so sad to think of what will become of these young girls, both physically and mentally."
Secreti, who pleaded guilty this week to possession and distribution of child pornography, was caught after trading the material online with an undercover police officer in New York in January 2007.
Special agent Rosanna Licitra of the Department of Homeland Security contacted Canadian authorities after she received a file through Google Hello Chat from Secreti containing more than 50 images of kiddie porn.
The e-mail address was traced to Secreti in Calgary.
Police searched his residence on May 27, 2008, and found 374,238 pornographic images and 1,676 videos. Of those files, 5,316 images and 49 videos contained child pornography.
Kevin Brookwell, Calgary Police Service spokesman, applauded the judge's ruling.
"This crime is not acceptable in society, and the sentences imposed in the past are not enough of a deterrent to change people's attitudes to not engage in this activity," said Brookwell.
"We support and applaud the judge for recognizing typical sentencing is not enough."
Hawco balked at the two-year joint proposal by Crown prosecutor Jenny Rees and defence lawyer Tonii Roulston, who had made the offer after thoroughly reviewing case law and Secreti's personal circumstances. He has no prior criminal record.
The lawyers returned on Thursday and gave further reasons, but Hawco rejected them.
Rees said outside court the proposal was reasonable but added "sentences for child pornography have been increasing a lot" since minimum sentences were introduced in November 2005.
"There were no cases at that time on distribution with a higher sentence," she said. "The justice reviewed recent cases and felt a higher sentence should be imposed."
Roulston declined to say whether the sentence would be appealed, but said as she left court, "I will see what our position is. . . ."
Hawco ordered Secreti to be registered as a sex offender for 20 years and for the rest of his life never visit any park, swimming pool, playground or other public place where children are likely to be present.
The offender must also supply a sample of his DNA for the national offenders databank.

I disagree with what the Judge said in that sentences lately have not been as much of a deterrent. Maybe he should do some research and come to the realization that NO SENTENCES ARE EFFECTIVE IN DETERRENCE! Research has proven that sentences do not deter future or potential criminals from committing the crime, but the prospect of getting caught, does. We need to deter criminals in ways other than sentencing. 

I disagree with the 3 year sentence for this man. He has no prior record and did not physically harm anyone and he pleaded guilty, acknowledging what he did. I think this man needs rehabilitation primarily. If I were the Judge, I would have sentenced him to one year provincial prison and 3 years probation with strict conditions, counseling and rehab programs.  

Friday, March 26, 2010

Child Pornography: Accused planned to live with boys in Spain, said police


He describes himself as a hermit who hasn't left his Winnipeg home in four years and spends most of his waking hours on the computer.
Now Winnipeg police believe the 59-year-old child pornography suspect planned to move to Spain and live with young boys to serve as their "Master," according to court documents obtained by the Free Press.
The allegations are contained in affidavits used to obtain search warrants executed in October and again last week at the accused's Charleswood-area home as part of an ongoing investigation.
Police originally began investigating the man in September 2009 following a tip from investigators in Boynton Beach, Fla. He allegedly got caught in an online chat and "file sharing session" with an undercover officer who was sent 34 images child porn pictures and one video, according to the court documents. Investigators raided his house in October 2009 and seized several computers and storage devices. The man was charged with child pornography offences but released on a promise to appear in court at a later date. His conditions included having no Internet access.
"He commented that he had not left his house in the past four years... that he did not have visitors, indicating he even has his groceries delivered to the house" police wrote in their affidavit.
A second, more extensive investigation began in December when police officers learned the man had obtained a new computer and started posting questions on a popular genealogy website. He claimed to be in ailing health and searching for information about his family history. Police began tracking the man's online activity and learned that he had allegedly created a new dial-up Internet account on Nov. 30, 2009. He had also created an "encrypted" email account and sent a note to network administrators asking them not to put his real name on any invoices.
Police allege the accused spent 33 hours online in a three-day period in early December. Officers set up a fake account on the genealogy website and engaged him in conversation. They were also able to remotely gain access to his computer, which allowed a peek inside his online dealings. Police discovered a computer folder labelled "Friends" that contained several pictures of naked boys between the ages of 10 and 14. They also learned the accused has created an account on a dating website specializing in "bondage, domination, sadism and masochism." He was also exchanging emails with a website that features child porn stories.
The most disturbing find was a series of emails between the accused and a young man in Spain named "Peter."
"He writes about his intent to live with this male in Spain after dealing with his criminal charges. He talks about buying a cage for their home. He indicates he would not mind seeing Peter (have sex with) 'younger lads'," police wrote. "He asks in another email if Peter would want to keep a younger teen as well. He refers to himself as 'Master' and to Peter as his 'boi'."
Police executed the second warrant last Thursday, seizing the new computer and electronic storage devices. Police have charged with man with breaching his bail conditions and are now poring through the material to determine what additional charges might be laid. The accused, Kenneth Kreton, remains in custody.

First of all, great article by Mike McIntyre! Such a great writer and the transitions from one idea to the next are stellar. 

This man should definitely be in custody. The activities he was participating in, were horrible.  

Thursday, March 11, 2010

Winnipeg grandpa gets one year prison on child-porn charge


A 65-year-old grandfather pleaded guilty Wednesday to one count of distributing child pornography and was sentenced to one year in jail.
Winnipeg police arrested Patrick Anderson after an investigation revealed he used a peer-to-peer file-sharing program to allow others to download his child pornography videos and pictures.
Massive collection
An analysis of Anderson’s home computer uncovered 33 child pornography videos and 300 still images and a massive collection of adult pornography, Crown attorney Terry McComb told court.
Defence lawyer Sheldon Pinx said Anderson used the file-sharing program to download music when “curiosity” got the better of him.
“A year in jail is significant for someone who has never been before the courts before,” Pinx said. “He is extraordinarily remorseful.”
Judge Sandy Chapman sentenced Anderson to an additional three years supervised probation.

I agree with the defence lawyer in that one year in prison for this man, is very significant and in my opinion, there is no need to send him to prison. He is remorseful and I believe that with strict conditions, the same purpose could be accomplished. As denunciation, he should have only been sent to prison for 30 days to be served intermittently combined with the 3 years supervised probation. He should have strict conditions pertaining to computer usage and internet, etc and all of his activity should be logged. I dont agree with the use of one year in prison for this man.