Kenneth's Case — Possess Child Pornography — Withdrawn

Client:  Kenneth F., Accused
Complainant:  Toronto Police Service, Sexual Assault Squad
Charges:  Possession, Accessing, Importation of Child Pornography

Background:  Kenneth walked into my office with the weight of the world upon his shoulders — and for good reason. He had recently been arrested by the police for accessing, possessing, and importing child pornography. He was feeling all the worse because he had made a statement to the police en route to the police station after his arrest. Both Kenneth and the police believed his statement to be incriminating, as it appeared (to them) that he had admitted all the essential elements of these very serious child-pornography offences. Though the process had just started, Kenneth was already feeling like "my life as I know it is over." He was understandably anxious and depressed.

READ THE POLICE REPORT

Goals:  My immediate priority was to refer Kenneth to a counsellor for therapeutic support. I would need his assistance and instructions during the Court process. That process could take months, even years. Kenneth needed to be emotionally stable and focused, both for his own sake and for the case. As well, if Kenneth had any unresolved mental health or psychotherapeutic issues, they needed to be identified and treated. Counselling could help him both personally and legally, as the Crown sometimes will consider a counsellor's report. Kenneth's initial legal instructions were simple: (i) minimize the exposure from the proceedings, (ii) minimize any consequences, and (iii) do it as quickly as you can.

Strategy:  Kenneth's case did not start on a positive note. The police were confident and optimistic. Kenneth was contrite, downhearted, and feeling as though he had stupidly given himself up to the hangman with his admissions. I knew we had to be patient. A "case" is a dynamic process. It unravels over time. We needed to see the disclosure — What exactly was the case against Kenneth? In particular, what was found on Kenneth's computer? What precise admissions did Kenneth make after his arrest? was Kenneth's statement voluntary? Was he given his rights to counsel? Was the search warrant valid? As is common in cases of this nature, disclosure of the Crown's case took months. During that time, there were on-going discussions with an assigned Crown Attorney. Here are the highlights from my assessment of the Crown's case: (i) nothing illegal was found on Kenneth's computer; (ii) there were problems with the admissions that Kenneth made — Were the images sufficiently described by Kenneth?; and (iii) there were problems with the manner in which the statement was taken — Did the police properly apprise Kenneth of his rights to counsel?

Results:  The Crown did not agree (completely) with my assessment of their case. However, the Crown felt that their case was sufficiently weak that they agreed to withdraw all charges on one condition. Wanting to ensure that Kenneth gained some insight into his behaviour, the Crown agreed to withdraw all charges if Kenneth completed 10 sessions of psychotheraphy. Kenneth readily agreed. Almost eight months after Kenneth's life was thrown into turmoil, the charges were withdrawn.

READ THE COURT TRANSCRIPT
READ KENNETH'S TESTIMONIAL