Law360 Canada ( March 3, 2023, 6:17 AM EST) -- Appeal by Crown from conditional sentence imposed on McCaw following a third conviction for child pornography. McCaw was convicted of child pornography offences three times. The first time, he received a conditional sentence. The second time, he received a prison sentence of two years less a day. Upon his third conviction, he received another conditional sentence. The Crown appealed this most recent sentence and proposed three years’ imprisonment. It submitted that the sentencing judge failed to undertake the proper analysis before imposing a conditional sentence, and that a conditional sentence was manifestly unfit in the circumstances. McCaw was arrested when the police executed a search warrant at the house where he lived with his father. He used email accounts to upload videos of male children between the ages of one and 12 years old engaging in sexual acts with adults and other children. In total, he possessed seven unique images and three unique videos. Although he was charged with several offences, he pled guilty to one count of possession of child pornography. McCaw was a repeat offender and had not attempted to access any therapeutic or counseling services. When he was arrested, McCaw acknowledged that he accessed child pornography several times a day....