A B.C. man who pleaded guilty to 11 counts of sexual offences against young children — many of whom were in his care as foster children — has lost his sentence appeal.
The man, identified only as D.O. in the unanimous B.C. Court of Appeal decision, was sentenced to 16 years and six months in prison.
“On the first day of the trial, the Crown tendered, and the judge watched, many of the videos seized from D.O.’s home, including videos of him sexually abusing several foster children in his care,” Justice Elizabeth Bennett wrote.
D.O. was sentenced for making child pornography, possession of child pornography, two counts of sexual assault and seven counts of sexual touching of a person under the age of 16.
She said D.O. worked in a school as a child and youth worker.
He had been married for 18 years and had three children. He and his wife began fostering children in 1995.
Bennett said that, after separating from his wife, D.O. continued to foster children beginning in 2008, up until the time of his arrest in 2019. “He specifically requested younger boys as foster children,” Bennett said. “He adopted two of the boys whom he had fostered as a single parent.”
Bennett said the sentencing judge asked D.O. how he thought his offending had impacted the children.
He responded, “It’s a difficult question because of how the offences happened. On one occasion, if the child was never told, they would never have known and so the trauma was brought on by them being told. They have all been told how terrible the trauma was. At the time it was more playful and was not a horrible thing but over time and later in life it could have an impact, I guess. I have never had intercourse with a child. To me having intercourse with a child would be more traumatizing than the molestation.”
Bennett said D.O. came to the police's attention in January 2019 when two of his adult children attended the police station to report discovering videos depicting sexual acts between their father and two young boys in his foster care.
“A search of D.O.’s home resulted in the seizure of multiple digital devices. These devices revealed extensive video files and images of child pornography, some from the Internet and some ‘homemade,’” Bennett said.
D.O. was charged with 15 counts, pleading guilty to 11. The offences covered 2008-2018.
The Crown had proposed a range of seven to 11 years and the Port Coquitlam Provincial Court sentencing judge did not give D.O. notice that she intended to exceed the range, the decision said.
D.O. argued the judge erred in failing to individualize each sentence and instead imposed the same sentence on each count; in failing to notify counsel she intended to impose a sentence beyond the range sought by Crown; in considering D.O.’s lack of remorse as an aggravating factor; and in imposing a sentence that was unfit and disproportionate.
Bennett said the judge considered each count and imposed a sentence within the range suggested to her for each individual count.
“The appellant has not shown what information he would have or could have provided to the judge had she given notice that she intended to exceed the sentencing range proposed by the Crown,” Bennett said.
“The judge did not err in considering the appellant’s lack of remorse as an aggravating factor.
“The judge did not impose a sentence that is demonstrably unfit,” Bennett said.
