Google alerted the National Center for Missing and Exploited Children that a user, Abdul-Rahman Hijazi, had downloaded 54 illegal images. Police executed a warrant at his home and seized ten devices containing 4,088 images and four videos of child pornography. The images depict explicit sexual activity involving children, including bondage and bestiality. Almost all of the images were computer-generated, and all but one of the images involving sexual activity and the images of bondage and bestiality were anime or computer-generated.
The offender pleaded guilty to one count of possession of child pornography contrary to section 163.1(4) of the Criminal Code. The Crown sought incarceration, emphasizing denunciation and deterrence, while the defence sought a conditional sentence.
Aggravating and Mitigating Factors:
Applying the s. 718.2 sentencing principles, the Judge identified the aggravating factors: the offending conduct spanned nearly three years, the size of the collection of over 4000 images, and some of the material depicting anime images of bestiality and bondage. Mitigating factors included Mr. Hijazi’s youth, lack of prior record, low risk of reoffending, early guilty plea, expressed remorse, and voluntary counselling. The court also emphasized that while possession of computer-generated child sexual abuse images is grave conduct, it does not involve the same level of harm as material created through the abuse of real children. Accordingly, a lower sentence than what would apply to comparable real-child material was warranted.
The presentencing report revealed that the offender began having feelings that he wanted to transition his gender to female in 2022 and became depressed about his gender. The offender was reluctant to disclose these feelings as it would lead to separation from his religious and cultural identity but has recently started transitioning to female (para. 16)
A forensic psychiatrist conducted a risk and mental health assessment, where the offender was diagnosed with gender dysphoria, ADHD, likely adjustment disorder with mixed anxiety, and depressive features and assessed at low risk to sexually re-offend. The report writer considered whether the possession of child pornography was connected to reported sexual abuse when the offender experienced at ages 13 and 14. The report stated that the offender “admits guilt, remorse, repentance but never truly explains what was the drive and motivation in accessing these images and videos, ranging age wise from age 3 to age 16 of female bodies; there could be a connection with a sexual abuse he would have been victim of by an older cousin” (para. 23).
Court’s Decision:
The Court imposed a two-year less a day conditional sentence with strict house arrest to give effect to the primary sentencing principles of denunciation and deterrence, as well as the secondary sentencing principles of restraint and rehabilitation. The offender will also be subject to 240 hours of community service within the first 18 months of the Conditional sentence Order, followed by three years of probation with conditions, plus a DNA order.
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