The Telegram (St. John's)

Paradise child lurer gets a year in jail

But judge expresses concerns about RNC’s investigat­ive techniques

- BY ROSIE MULLALEY rmullaley@thetelegra­m.com Twitter: @TelyCourt

The police may have blundered in its investigat­ion, but not enough to prevent a child lurer from going to jail.

Sean Mills of Paradise was sentenced Friday in provincial court in St. John’s to a one-year prison term, with one year’s probation.

The sentence was slightly lighter than Judge David Orr felt Mills deserved. He said an appropriat­e sentence would have been 14 months.

However, he reduced it by two months, since he agreed that Royal Newfoundla­nd Constabula­ry (RNC) investigat­ors violated Mills’ Charter rights by failing to get judicial authorizat­ion to intercept their communicat­ion with him.

“The techniques employed in this case … raises valid concerns about privacy and confidenti­ality that impact not only the accused, but others who were drawn into this investigat­ion, and raises the issue of its impact on the administra­tion of justice,” Orr said.

Mills was found guilty of one count of child luring for a sexual purpose using a computer, following a lengthy trial in December 2014. He was found not guilty on three other counts.

The children were actually undercover RNC officers who were posing as girls on Facebook and Hotmail.

The officers, from the RNC’s child exploitati­on unit, began the investigat­ion in March 2012. Mills’ offence was said to have occurred between March 20, 2012 and May 22, 2012.

An undercover RNC officer had posted a fake Facebook profile of a 14-year-old girl just three weeks before Mills made contact.

“Good Lord! For having just one picture on Facebook, you sure picked a good one. Beautiful!” the message said, according to RNC Sgt. Greg Hobbs.

Mills also sent a sexually explicit photo and asked the “girl” to send him one back. He also asked that she meet him in Bowring Park.

His lawyer, Rosellen Sullivan, tried to get the case thrown out because of the Charter breach. She called the police tactics “entrapment.” She said Hobbs sent a friend request to Mills, while one of the other officers, Const. Terry Follett, made initial contact with Mills by messaging him.

She asked for a judicial stay of proceeding­s, which would have meant proceeding­s be halted against Mills and the conviction rescinded. Another option, she said, would be a conditiona­l sentence.

But Crown prosecutor Kathleen O’Reilly argued there’s no merit to that argument and suggested an 18-month jail term.

The judge agreed police targeted Mills without any reason to believe he would commit an offence. However, he noted it was Mills who made the chats sexual.

“(There was) no evidence that the police went beyond providing an opportunit­y,” Orr said. “I cannot find as a result, that the police conduct amounted to entrapment.”

However, he said there were concerns about how officers conducted the investigat­ion.

He said since there was no police policy manual setting out any limitation­s for the technique Hobbs used, “Const. Hobbs was effectivel­y using (his own) discretion as to what he did with any informatio­n that he gathered.”

For example, he said since Hobbs friended other people in setting up his fictitious Facebook page, there was no evidence that Hobbs put any safeguards in place to prevent Mills from availing of their informatio­n as well.

“Const. Hobbs did not have the informed consent of the people he added to his Facebook profile to add them,” the judge said.

Orr said the appropriat­e remedy is the reduced sentence, since a conditiona­l sentence usually goes to offenders who plead guilty.

“In this case, Mr. Mills has not fully accepted responsibi­lity for his actions,” Orr said. “The offence was deliberate and planned and was committed over a lengthy period of time.”

As part of the sentence, Mills will have his name listed on the Canadian Sex Offender Registry.

The 34-year-old — who had not been in custody, having been released shortly after his arrest — was led out of the courtroom in handcuffs by sheriff ’s officers.

“In this case, Mr. Mills has not fully accepted responsibi­lity for his actions. The offence was deliberate and planned and was committed over a lengthy period of time.”

Judge David Orr

 ?? FILE PHOTO BY ROSIE MULLALEY/THE TELEGRAM ?? Sean Mills was sentenced Friday in provincial court in St. John’s to a year in jail and a year’s probation for trying to lure a teenaged girl (who was actually an undercover police officer) in 2012.
FILE PHOTO BY ROSIE MULLALEY/THE TELEGRAM Sean Mills was sentenced Friday in provincial court in St. John’s to a year in jail and a year’s probation for trying to lure a teenaged girl (who was actually an undercover police officer) in 2012.

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