Toronto Child Pornography Lawyer

Child Pornography — Toronto Criminal Defence

Client:  J.G., Accused
Complainant:  Peel Regional Police Service, Internet Child Exploitation Unit
Charges:  accessing and possession of child pornography
Background:  Walking out of the bank, J.G. was arrested for accessing child pornography, and his laptop was seized. He was interviewed for what felt like hours. He was released, but the police kept his laptop. That was the status of the matter when I became involved. The officer-in-charge informed me that the investigation "was continuing." The police retained an expert who said that the pornographic models on J.G.'s computer were between 13 and 15 years old. As a result, J.G. was arrested and charged with accessing and possessing child pornography. Our goal was to have the charges dismissed or withdrawn.
Withdrawn:  Although there were issues with the search warrant (N.L.), I first focused on the ages of the models. To me, the models didn't look under 18. Fortunately, the webmaster of the website e-mailed me pictures of the models holding passports next to their faces. According to their passports, the models were 20 and 21 when the images were taken. Presented with this information, the Crown withdrew the charges.

The Queen v. J.G,
Ontario Court of Justice, Brampton
Judge Andre
(withdrawn: 5 October 2005)

Crown:  D. King, Office of the Crown Attorney, Brampton
Defence:  Craig Penney, Toronto Computer Crimes Lawyer, Brampton

¶ 1  THE COURT:  Yes, Mr King.

¶ 2  CROWN:  Good Morning, Your Honour. 55 to 57 on the list, Mr. J.G,

¶ 3  THE COURT:  Mr. J.G,

¶ 4  MR PENNEY:  Yes, Good morning, Your Honour. Penney, initial, "C.," appearing as designated counsel, please.

¶ 5  THE COURT:  Yes.

¶ 6  CROWN: And it's King, first initial, "D.," for the Crown — for Madam Reporter. Your Honour, my friend and I have had some discussions about this case on an ongoing basis. I've also received some additional information and evidence and with the officer-in-charge, I've reviewed — reviewed all of what we have on this case and I'd be asking that the matter be marked withdrawn today, please.

¶ 7  THE COURT:  All right, then. Based on the Crown's representations to this Court, the charges against this gentleman, Mr. J.G,

¶ 8  MR PENNEY:  Thank you, Your Honour.

¶ 9  THE COURT:  Only I haven't said anything yet. I'm sorry. On information 004260, marked having been withdrawn at the request of the Crown. Thank you.

¶ 10  CROWN:  Thank you, Your Honour.

¶ 11  MR PENNEY:  Thank you, Your Honour. I thank my friend.

¶ 12  THE COURT:  Yes.