The 41-year-old accused Gregory Hall was charged with possession of 427 images and 34 unique videos across a number of devices, including 5,163 files categorized as “investigative interest” on his Samsung device. These files contain mostly images of females aged between 8 to 12, with images and videos depicting bestiality as an aggravating feature. This material was part of a broader collection characterized by a “high degree of depravity”.
The accused denied any sexual interest in child and recollection of collecting the images and videos due to the memory loss caused by brain tumor and subsequent seizures starting in 2020. He submitted a letter from his oncologist stating that his type of tumor can cause him to “experience periods of short-memory loss.”
The sentencing judge firmly rejected the accused’s claim that his medical condition reduced his moral culpability or justified a non-custodial sentence. The court held there was “no evidence of any nexus between the accused’s medical condition and his offending” (para. 62). There was no evidence it impaired his understanding that his actions were wrong or harmful. The court emphasized that for CSAM offences, denunciation and deterrence are paramount. The horrific nature of the material, including bestiality, the large collection, the number of child victims, and the significant harm caused, demanded a penitentiary sentence to reflect societal condemnation.
https://canlii.ca/t/kbstl