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An Abbotsford man who watched child pornography while high on crystal meth then accessed similar material while working as a caregiver to a disabled woman in North Vancouver has been sent to jail for a year.
Maka-I-Moana Eugene Mumui Halafihi, 30, was sentenced Feb. 22 in North Vancouver provincial court after pleading guilty to two charges of possessing child pornography.
In handing down his sentence, Judge Joseph Galati outlined how on April 20, 2020, Halafihi arranged to meet another man he’d met online for the purpose of using crystal methamphetamine and watching pornography together while taking part in sexual activities.
During their encounter, Halafihi accessed 20 to 30 digital file folders on his computer, each containing a number of short videos. The videos all involved adult men having sex with children who appeared to be seven years old or younger, according to an agreed statement of facts.
When he saw the videos, the other man became uncomfortable and asked Halafihi to leave. He subsequently called the police, who went to Halafihi’s home on May 28, 2020, and seized his computer.
Police found more than 100 videos on the computer that met the definition of child pornography, according to an agreed statement of facts.
Most of the children shown were boys and some appeared as young as three years old, according to the judge, who added, “there were multiple videos of boys who appeared to be under the age of eight years old performing sexual acts.”
While still under investigation for that incident, on Sept. 6, 2020, while at work in North Vancouver as a caregiver to a disabled woman, Halafihi downloaded video files containing child pornography to his cell phone. The transmission was reported to authorities and another investigation followed. Halafihi was arrested on Dec. 3, 2020, and his cell phone was seized.
An examination of the phone showed two longer videos and a number of still images depicting children between six and 13 years old involved in sexual acts.
Halafihi’s defence lawyer described how he struggled with various challenges growing up after being sexually touched by an older male relative when he was seven and starting to watch pornography when he was 12.
Halafihi started using crystal meth in 2017, at first just on weekends. But from 2019 to 2021, he was using the drug daily, according to information presented in court.
Halafihi doesn’t have a prior criminal record, but acknowledged being warned by police in 2015 not to communicate online with teens under the age of consent, the judge noted.
Halafihi told the judge he doesn’t access child porn except while high on crystal meth.
Halafihi’s defence lawyer David Karp asked for an 18-month conditional sentence order, while Crown prosecutor Lara Sarbit requested one year in jail.
In handing down the jail term, the judge pointed to the young age of the children depicted as an aggravating factor in the case. The judge noted Halafihi also downloaded the second batch of child pornography when he knew he was under investigation for the first incident.
The judge also placed Halafihi on three years’ probation, during which he must stay away from parks, schools and recreation centres where children 16 and under are likely to be present, and not have any contact with children under 16 unless approved by a probation officer. Halafihi is also banned from using drugs, except with a prescription, and from accessing pornography. He will also be placed on the sexual offender registry for 20 years.
