The Telegram (St. John's)

Man jailed for violating sex offender registrati­on rules

Jody Callahan said he forgot to report to centre

- DIANE CROCKER WEST COAST REPORTER diane.crocker @thewestern­star.com @Ws_dianecrock­er

CORNER BROOK — A west coast man is headed back to jail on another intermitte­nt basis for breaches of the Sex Offender Informatio­n Registrati­on Act.

Jody Callahan, 52, had been living in Pasadena when he was sentenced in July 2017 to 90 days in jail, to be served on an intermitte­nt basis, for accessing child pornograph­y.

When he was sentenced, Callahan was also placed on probation for nine months, was prohibited from obtaining or seeking employment that involved a position of trust or authority toward a child and was ordered to comply with the provisions and requiremen­ts of the Sex Offender Informatio­n Registrati­on Act for 10 years.

Conditions of the latter order included when Callahan had to report to the registrati­on centre.

He complied with the initial registrati­on and was required to report again between Dec. 3, 2019, and Jan. 3, 2020. He was also required to inform the registrati­on centre of any change of address or employment within seven days.

On Feb. 25, 2020, police discovered Callahan had not reported as required. When contacted, he said he had forgotten.

The police told him they would issue him a warning and then attempted to confirm the address he had used to initially register. The address had changed, but Callahan had not reported it.

He was told he would have to go to the police station the next day to comply with the order, but Callahan said he couldn’t because he had moved to Ontario for employment purposes. His move out of the province and change in employment had not been reported.

On May 11, 2020, police learned Callahan had still not reported, and he was arrested the next day and charged with two counts of failing to comply with the Sex Offender Informatio­n Registrati­on Act order.

Callahan entered guilty pleas to both charges and Judge Wayne Gorman imposed a two-month intermitte­nt sentence and a 12month probation order in provincial court in Corner Brook on May 17.

In his written decision, Gorman said it was an appropriat­e sentence because of the inherent seriousnes­s of failing to comply with orders issued pursuant to the Sex Offender Informatio­n Registrati­on Act.

He said the failure to comply frustrates the intent and purpose of the legislatio­n and potentiall­y places children at risk.

“As a result, sentences imposed for a breach of an order issued pursuant to that act must encourage compliance by adopting a consistent approach that seeks to deter breaches.”

A pre-sentence report indicated Callahan admits to committing the offences and expresses some regret for his behaviour, but appears motivated by any potential incarcerat­ion in saying he forgot to notify the registry or that he didn’t know that he had to report.

The Crown had sought a period of 30 days in jail and had no objection to it being served on an intermitte­nt basis.

Callahan asked for a suspended sentence or, if Gorman determined imprisonme­nt must be imposed, that it be a conditiona­l sentence.

But Gorman said a jail sentence was necessary and did not accept Callahan’s argument that he made a mistake.

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