R v Jongsma

In the case of R v Jongsma, the defendant was found guilty of multiple serious offences involving children, including indecent acts with or in the presence of a child under 16, causing a child to take part in prostitution, producing child pornography, and possession of child pornography. The Supreme Court of the relevant jurisdiction was tasked with determining an appropriate sentence for the defendant, who had no relevant prior convictions and whose victims did not participate unwillingly. The Crown argued for the maximum penalty for possession of child pornography, while the defence proposed a significantly lower sentence, arguing that the individual sentences were disproportionate and inconsistent.

The court was required to decide whether the individual sentences were erroneous in their cumulation, particularly whether the possession sentence was manifestly excessive. The court noted that while the total effective sentence and non-parole period were appropriate, the direction for the cumulation of one sentence was erroneous. The court also determined that only the possession sentence was manifestly excessive. The Crown's failure to keep and produce trial exhibits, as required by R.S.C. Chap.VI, R.2.18(1) and (2), was also addressed, with the court considering its impact on the case.

After reviewing the evidence and arguments, the court re-sentenced the defendant to a total of 7 years' imprisonment with a non-parole period of 5 years and 3 months. The court found that the possession sentence was the only one that was manifestly excessive and adjusted the total sentence accordingly. The court also acknowledged the Crown's procedural error in failing to produce trial exhibits but determined that it did not impact the outcome of the case. The final orders of the court were that the defendant be re-sentenced to 7 years' imprisonment with a non-parole period of 5 years and 3 months.