SENTENCING - Sexual offences, public morals, disorderly conduct and nuisances - Totality principle - Sexual offences against children

Law360 Canada ( July 16, 2025, 2:16 PM EDT) -- Appeal by accused Schofield against his eight-year sentence for three child sexual offences. While communicating with an adult woman (the adult victim) on Snapchat, Schofield disclosed that he was attracted to young girls, and he sent her numerous images of child pornography, including images of female children as young as four years old engaged in sexual acts with adult men. He also told her that he wanted to have sex with an 11-year-old child he believed was the adult victim’s daughter, and he asked her to give the child alcohol so he could sexually assault her. The adult victim alerted the authorities to Schofield’s activities by making a report to cybertip.ca and by posting a screenshot of one of their conversations on Facebook. After pleading guilty, Schofield was sentenced to three years’ incarceration for child sexual abuse and exploitation material (CSAEM), seven years consecutive for luring a child under the age of 16, and four years concurrent for making CSAEM. The trial judge applied the principle of totality, reduced the sentence for luring to five years and the concurrent sentence for making child pornography to three years, resulting in a total of eight years. Schofield sought leave to appeal and, if granted, appealed his sentence for the offences. The trial judge also made ancillary orders that were not the subject of the appeal. The accused argued that the judge erred in assessing his moral culpability by misapprehending evidence related to his mental illnesses and cognitive limitations. He claimed the judge overemphasized deterrence and denunciation and failed to apply the principle of totality. The Crown acknowledged the error in imposing a concurrent sentence for making child pornography but maintained that the total sentence was not demonstrably unfit....
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