R v Edwards

The applicant, Edwards, appealed against his sentence for using a carriage service to access child pornography material. He was sentenced to 15 months’ imprisonment, with a release on a $500 recognizance after serving two months, and a two-year probation period. The defence counsel argued that the imposition of a period of actual custody was manifestly excessive, given that Edwards was a serving federal police officer and the majority of the child pornography material involved computer-generated figures engaged in sexual activity or stories.

The court had to determine whether the sentence was manifestly excessive, considering the nature of the offence and the personal circumstances of the offender. The court reviewed the sentencing principles relevant to child pornography offences and considered the need for general and specific deterrence. The court also examined whether the sentence was disproportionate to the gravity of the offence and the offender’s personal circumstances.

The court found that while the offence was serious, the sentence was not manifestly excessive. The court considered the need for specific deterrence, given Edwards’ position as a federal police officer, and the potential for the sentence to serve as a warning to others in similar positions. The court concluded that the sentence, while severe, was appropriate in light of the seriousness of the offence and the need to uphold the integrity of the law enforcement profession. The application for appeal was refused.