Judge gives man nine months for child porn possession

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This article was published 10/09/2020 (2022 days ago), so information in it may no longer be current.

A judge who reluctantly agreed to view recorded child abuse material in court again pushed back against the practice at a sentencing hearing Wednesday.

Rhys Busch, 24, pleaded guilty earlier this year to one count of possessing child pornography. On Wednesday, he was sentenced to nine months in jail by provincial court Judge Tim Killeen.

Busch was arrested in August 2018 after an investigation by the Winnipeg Police Service’s internet child exploitation unit revealed he had downloaded 254 images that depict child sex abuse and 74 child sex abuse videos.

During sentencing submissions last month, Killeen resisted, but ultimately consented to prosecutor Michelle Bright’s request for permission to show court a “representative sampling” of the child abuse material, a common and accepted practice at such sentencings.

Killeen reiterated his position Wednesday that he was capable of appreciating the grave nature of the images without viewing them himself.

“The Crown insisted some of the video and photographic material be played in court,” Killeen said. “The stated reason for showing the court the material was to allow the court to have the best evidence before it.

“A court will require the best evidence if a fact is at issue,” he said. “Here, nothing was at issue. The descriptions of the material were accurate and easily understood. There was no suggestion that the material was not criminal or that a description overstated the facts.”

Sentencing decisions must be guided by precedence and experience, not emotion, Killeen said.

“Denunciation, which is based on legal principles, is a necessary part of sentencing,” he said. “However, courts cannot allow themselves to be overwhelmed by revulsion and sentence on that basis.”

Bright had recommended Busch be sentenced to 18 months in jail, while defence lawyer Amanda Heslop urged Killeen to consider a sentence of six months.

Court heard Busch has autism spectrum disorder, attention deficit hyperactivity disorder and anxiety issues.

“As a result, while he was fully aware what he was doing was wrong, he was also more likely to continue doing it,” Killeen said.

“I do not accept that the behaviour was unintentional, but accept that he was not fully able to comprehend that watching child abuse recordings is inherently harmful to the victims,” he said.

Since his arrest, Busch has undergone dozens of hours of therapy, and according to a pre-sentence report is a low risk to reoffend. At an earlier sentencing hearing, Busch broke down in court during a discussion of his crimes.

“Therapy has made the likelihood of further possession or access to this material to be highly unlikely,” Killeen said, describing Busch’s prospects for rehabilitation as excellent.

dean.pritchard@freepress.mb.ca