Jail sentence and probation imposed on porn charge
SYDNEY — A 34-year-old Whitney Pier man was sentenced Wednesday to a jail term of 90 days followed by a two-year probation period after pleading guilty to a child pornography charge.
Nicholas Christopher MacLellan pleaded guilty to a charge of possession of child pornography that occurred in May 2015. Two other offences were withdrawn.
Prosecutor Christa MacKinnon told the court MacLellan was found in possession of four photos and one video on his computer and two photos on his cellphone that were deemed to be child porn.
The sentence was a joint recommendation by MacKinnon and defence lawyer Tony Mozvik and was accepted by provincial court Judge Alain Bégin.
In addition, MacLellan is to supply a DNA sample to the national registry and will be a registered sex offender for 10 years.
Among the conditions of his probation, MacLellan is not to possess or access any electronic device that would access the Internet, he is not to possess a camera, have no contact with anyone under the age of 16, he is not to attend areas where children under 16 are likely to gather such as parks and youth centres, and is not to be alone in the company of anyone under 16.
Mozvik said both he and the Crown took great care in crafting the sentence for MacLellan given the challenges and limitations he has with mental capacity. He said despite his age of 34, MacLellan’s mindset is far younger.
In accepting the sentence, Bégin said MacLellan’s case comes in at the lower end of the scale as such cases usually involve hundreds of photos and videos.
He said it would appear that MacLellan was more curious as opposed to infatuated.
“You have to realize that child pornography is not a victimless crime. It is a serious crime,” said the judge, noting so long as there is a demand for such photos and videos, there will be child victims.
MacLellan will be allowed to serve his sentence on the weekends that prompted Bégin to add a special caution to corrections officials. He said it is well known that offenders serving their time on weekends are sometimes coerced by other inmates to return to jail with drugs.
Mozvik said he has already spoken with corrections officials and MacLellan will be kept away from other offenders at the facility.