[NEWS] Man spared rap on child porn production

[Interloper]

Aurora man spared prison on child porn editing rap


Aurora man spared prison on child porn editing rap
Risk he would commit suicide, judge says

By Sam Pazzano, Toronto Sun

TORONTO - A video editor for an Etobicoke-based child porn business that sold its disgusting products worldwide was spared a prison sentence Thursday partly because he might kill himself in jail.

"The risk that Mr. Brandon Donnelly might commit suicide, if he is sent to jail, is not an imaginary or theoretical one," said Justice Ian Nordheimer, who imposed a 21-month stay-at-home sentence for Donnelly, 30, who pleaded guilty in June to one count of making child pornography for purposes of publication.

Three medical professionals expressed that opinion, noted Nordheimer. He determined that the "exceptional circumstances of this case" didn't warrant the one-year mandatory minimum jail sentence for making child pornography.

"Imprisonment ... will place Mr. Donnelly at very serious risk of self-harm. He has consistently expressed remorse for his actions ... and poses little risk of re-offending," the judge said.

Donnelly was physically and verbally abused and deprived of his Prozac during his five days in custody awaiting bail and his Charter rights were violated, Nordheimer said.

His lawyers, David Humphrey and Jill Makepeace, argued their client should serve a non-custodial sentence due to those Charter violations.

The pornography depicted 44 naked teenage and pre-teenage boys engaged in activities, including swimming, wrestling, exercising and playing, Nordheimer said.

Donnelly, from Aurora, had no prior convictions and has suffered from obsessive-compulsive disorder since he was 12.

"The seven-year sentence suggested by the Crown is not the appropriate sentence by a wide margin," the judge said.

Donnelly edited 74 child pornography films, but "the nature of the child pornography was at the lower end of the spectrum, the judge found.

"There is no sexual activity, there is no apparent forced participation ... no physical violence or physical restraints ... and no involvement of adults with these boys," he noted.

Donnelly spent three years working as a video editor in a sophisticated operation that grossed $1.6 million and sold to 92 countries from 2008 until a massive raid shut it down in May 2011.

Donnelly wasn't indispensable — he could be replaced, court heard.

He was not involved in videotaping, recruiting or luring the 44 children in the videos, Nordheimer said.

"I very much respect the court and Justice Nordheimer. My heart breaks for the feeling of injustice these 44 young victims will most certainly feel," said Crown attorney Jill Cameron, who will recommend an appeal.

Yeah, sounds like Canada is such a bad place to get arrested for child porn production. 

[TOR safe]
http://www.torontosun.com/2014/11/06/aurora-man-spared-prison-on-child-porn-editing-rap

[Atlantis]

"naked teenage and pre-teenage boys engaged in activities, including swimming, wrestling, exercising and playing"
So, the guy edited nudist videos featuring young boys?

This sounds like justice, to me.  I'm assuming the characters who really did something to enable the filming will get harsher treatment.

"My heart breaks for the feeling of injustice these 44 young victims will most certainly feel"
I wonder if the "victims" feel that they need any justice, of if that's just in the mind of the prosecutor.

[on the rocks]

Is this Asov related?

[Chairman]

Is this Asov related?

This is Asov, yes.

[Chen]

"naked teenage and pre-teenage boys engaged in activities, including swimming, wrestling, exercising and playing"
So, the guy edited nudist videos featuring young boys?

This sounds like justice, to me.  I'm assuming the characters who really did something to enable the filming will get harsher treatment.

"My heart breaks for the feeling of injustice these 44 young victims will most certainly feel"
I wonder if the "victims" feel that they need any justice, of if that's just in the mind of the prosecutor.

"its disgusting products"

It never fails to amuse me how the person writing the article can never resist throwing in some reference to their opinion of the material being disgusting or abominable just to make sure they don't get targeted by the witch hunt for not being very obviously against it. However after reading down to the line stating that these "disgusting products" contained no more explicit content than nude boys playing and wrestling I actually physically laughed out loud. What a world we live in, eh?

[Harkness]

Well, a few thoughts on this article.  First, after reading what the videos contained as well as what he actualy did in the "production" of the videos (really, editing isn't actually...doing anything to affect the children themselves), I don't believe that he should have faced jail time...even with my bias that I don't think that viewers of CP should face as harsh of penalties as they often do.  But, there are a couple things I have an issue with in this article, too.  The first is that it states that the main reason he wasn't put in prison was because he "might commit suicide".  If this had been a crime for anything that actually harmed a person or people, then the fact that the accused might commit suicide shouldn't determin if they are put in prison or not.  If there is that risk, then they should be watched carefully for their own safety, but they sure as hell shouldn't be allowed to get off completely free.  The second is that, according to the article, the minimum sentence for producing CP is a single year in prison...that really bugs me because, though I don't know about in Canada, in my country, the minimum sentence for just watching it is often much higher.  So, why should the producers and those actually (possibly or supposedly) harming children given an shorter punishment than those who never do anything directly?

[BabyBoyLove]

Well, a few thoughts on this article.  First, after reading what the videos contained as well as what he actualy did in the "production" of the videos (really, editing isn't actually...doing anything to affect the children themselves), I don't believe that he should have faced jail time...even with my bias that I don't think that viewers of CP should face as harsh of penalties as they often do.  But, there are a couple things I have an issue with in this article, too.  The first is that it states that the main reason he wasn't put in prison was because he "might commit suicide".  If this had been a crime for anything that actually harmed a person or people, then the fact that the accused might commit suicide shouldn't determin if they are put in prison or not.  If there is that risk, then they should be watched carefully for their own safety, but they sure as hell shouldn't be allowed to get off completely free.  The second is that, according to the article, the minimum sentence for producing CP is a single year in prison...that really bugs me because, though I don't know about in Canada, in my country, the minimum sentence for just watching it is often much higher.  So, why should the producers and those actually (possibly or supposedly) harming children given an shorter punishment than those who never do anything directly?

Well since LEA advocate watching CP victimizes children, it's hardly surprising that editing is deemed a part of production and victimizing children.
I don't know Canadian law, but I assume the sentences for watching CP are much milder there than in the US too.

I could expect a 6-24 month sentence for downloading CP. Considering my age preferences I should not expect to get 2 years. There is a reason why I decided to stop with CP.