Jail sen­tence and pro­ba­tion im­posed on porn charge

Cape Breton Post - - Cape Breton -

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.

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