A man who inadvertently gave a mother a digital photo card that contained pornographic pictures of her daughter, believing there were only images of the girl dancing and singing, faces up to eight years in prison.
Crown prosecutor Jenny Rees argued that the 48 images discovered on the card provided by Bradley Shawn Lemire on Aug. 28, 2009, half of them pornographic, led to more than 2,000 other images of child pornography being found on the accused’s computer after it was seized by police.
That collection included 228 images of the woman’s four-year-old daughter and another young girl from 10 separate occasions.
“There were two victims, both very young, who were sexually exploited by pictures being taken of them,” Rees, who argued for a total sentence of six to eight years, told provincial court Judge John Bascom on Friday.
“Young children are more vulnerable and are in need of protection by the courts. Courts have to send a message that abuse of the vulnerable will not be tolerated.”
Lemire, 48, who has been diagnosed as a pedophile, previously pleaded guilty to two counts of making child porn and one count each of sexually touching one of the girls and possessing child porn.
Defence lawyer Dean Zuk argued for four to five years for all of the charges, saying it was not a commercial endeavour in which the images were distributed to anyone else.
He also noted the touching was indirect and could warrant a concurrent sentence.
“Mr. Lemire says it was not right what he did. He says it was wrong,” said Zuk.
“He has admitted responsibility, he knows he is facing prison time and he wants treatment.”
Bascom said sex offender treatment is “absolutely necessary” for Lemire. But he added if the man doesn’t “buy into treatment” it won’t be successful. Court heard previously from the girl’s mother that there had been rumours among family and friends of Lemire’s questionable behaviour around children that caused some parents to not leave him alone with them.
The woman said in her victim impact statement that she never expected to find pornographic pictures of children when Lemire gave her the digital photo card from his camera.
She said she opened a file called “BAD” and discovered several photos of naked girls as young as four years old, and reported it to police.
Bascom adjourned sentencing, to consider both sides’ arguments, until Aug. 15.
Source: The Calgary Herald