Offender jailed for ignoring order to stay away from kids
A former youth hockey volunteer who ignored a court order to stay away from children following a child pornography conviction has been sentenced to 12 months in jail after he befriended a teenage boy.
“The order, at its core, has the purpose of protecting society’s most vulnerable and most valuable citizens from potentially catastrophic harm,” Judge Deborah Calderwood said in an Ontario court of justice in St. Catharines on Wednesday.
“It is meant to keep child predators away from children.”
The judge said sending Richard Mcsween, a former volunteer with a junior hockey league in Niagara Falls, to jail on two counts of failing to comply with a court order was the only appropriate penalty.
The 50-year-old man was ordered not to be in a position of trust or authority over anyone under 16 following a 2021 conviction for possession of child pornography.
In that case, he received a 12month conditional sentence after he was found guilty of sending a 14-year-old boy inappropriate text messages.
The messages included a discussion of the exchange of money for a sexual act and an animated image of two stick figures engaged in sexual activity.
Over several days in August 2023, court was told, the offender met with a 15-year-old boy regarding a lawn-cutting business.
He also encountered the teen at Merrittville Speedway in Thorold, and exposed his buttocks in the victim’s direction.
The judge noted several letters of reference submitted to court on the man’s behalf gave him “glowing reviews” and commented on his work ethic and willingness to help others.
“I accept that Mr. Mcsween is held in very high regard by the people for whom he’s worked in the past and with family and community members where he has been very helpful to them and supportive of them.”
However, the judge noted, a presentence report indicated a “concerning lack of insight” on the part of the offender.
After the victim's family became aware of the man’s criminal record, court heard, they recognized the grooming nature of his conduct.
“(The victim) thought he was in a safe place when interacting with Mr. Mcsween. He was unaware there was a court order prohibiting Mr. Mcsween from having contact with him.”
Calderwood said the incident has had a profound impact on the victim in terms of “his sense of trust in the world and the people around him.”
She said the court order the offender was under at the time is designed to protect children from ongoing risk presented by individuals who have been convicted of sexual offences against children.
“In my view, strong deterrent sentences are absolutely necessary in cases of significant breaches of court orders.
“Without stern enforcement of such orders, they become meaningless and we effectively invite the most awful, profound and lasting harm to fall upon more child victims.”
She urged the defendant to take advantage of any rehabilitative programs available to him while in custody.
“I suggest you embrace this opportunity to get the help you very seriously need. It is the best way forward for you, and the best for society.”
In addition to jail, Mcsween was placed on probation for three years and banned from attending Merrittville Speedway.