# Military combat veteran avoids jail time on child porn conviction due to PTSD



## daftandbarmy (28 Jul 2020)

Military combat veteran avoids jail time on child porn conviction due to PTSD

VICTORIA -- A Canadian military veteran who was caught with hundreds of images of child pornography and admitted to encouraging the sexual abuse of his partner's five-year-old son, will avoid serving jail time due in part to the post-traumatic stress he incurred while on multiple combat tours.

https://vancouverisland.ctvnews.ca/mobile/military-combat-veteran-avoids-jail-time-on-child-porn-conviction-due-to-ptsd-1.5041329


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## ModlrMike (28 Jul 2020)

Bullsh!t


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## OldSolduer (28 Jul 2020)

daftandbarmy said:
			
		

> Military combat veteran avoids jail time on child porn conviction due to PTSD
> 
> VICTORIA -- A Canadian military veteran who was caught with hundreds of images of child pornography and admitted to encouraging the sexual abuse of his partner's five-year-old son, will avoid serving jail time due in part to the post-traumatic stress he incurred while on multiple combat tours.
> 
> https://vancouverisland.ctvnews.ca/mobile/military-combat-veteran-avoids-jail-time-on-child-porn-conviction-due-to-ptsd-1.5041329



A horrible decision - a slap in the face to all those who have PTSD and are fighting the stigma. Now this a$$clown and his morally bankrupt attorney have made a mockery of the system.

I am hoping the Crown appeals this decision.


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## Bruce Monkhouse (28 Jul 2020)

And Im not THAT Bruce Monkhouse...he used to work in Corrections also, guess there was more money in helping dirtbags walk then rehabilitation.


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## brihard (28 Jul 2020)

Bruce Monkhouse said:
			
		

> And Im not THAT Bruce Monkhouse...he used to work in Corrections also, guess there was more money in helping dirtbags walk then rehabilitation.



I saw that. So weird.


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## CBH99 (29 Jul 2020)

My own, humble opinion...

Put a bullet in em', and we can get on with our day.  Absolute b**ls**t.  



(And no, that isn't me just saying that to sound tough, or heat of the moment.  Hundreds of photos of little kids being raped and sexually abused?  Admitting to sexually abusing his partner's 5yo child?  I'd be happy to rid the world of him.)


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## ModlrMike (29 Jul 2020)

Just realized this guy worked for me in Edm many years ago.


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## Kilted (29 Jul 2020)

I'd like to see the full decision on this. Generally speaking the reason why someone does something does not matter as long as Mens Rea is present. This dosent sound like a s.16 defense because it still sounds like he had the capability to understand what he was doing.


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## ModlrMike (29 Jul 2020)

As requested:

https://www.canlii.org/en/bc/bcpc/doc/2020/2020bcpc136/2020bcpc136.html?searchUrlHash=AAAAAQAEUFRTRAAAAAAB&resultIndex=3


For the record, his claims of "combat" tour in Somalia are false. He was embarked on Wpg when she conducted anti-piracy patrols off the coast of east Africa. He was a soup sandwich as a Pte, and not much better as a MCpl when he worked for me. That he ever made CWO defies belief.


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## daftandbarmy (29 Jul 2020)

ModlrMike said:
			
		

> As requested:
> 
> https://www.canlii.org/en/bc/bcpc/doc/2020/2020bcpc136/2020bcpc136.html?searchUrlHash=AAAAAQAEUFRTRAAAAAAB&resultIndex=3
> 
> ...



So he's a Walt, too? A full spectrum O2 thief then....


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## medicineman (29 Jul 2020)

ModlrMike said:
			
		

> As requested:
> 
> https://www.canlii.org/en/bc/bcpc/doc/2020/2020bcpc136/2020bcpc136.html?searchUrlHash=AAAAAQAEUFRTRAAAAAAB&resultIndex=3
> 
> ...



Wow...I always found him to be a legend in his own mind and a bit FITH, but I attributed that to him being a juice monkey.  I think the closes thing to combat he likely got was being shot at in Bosnia in '94, as I think he was with the Strat's when I was with 1VP next door in Croatia - I was originally slotted to go with them instead and seem to recall he was with them.

MM


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## Kilted (29 Jul 2020)

His trade was medic?


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## BDTyre (29 Jul 2020)

I'd be okay with him avoiding jail if his punishment was physical castration.


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## Quirky (29 Jul 2020)

> In reaching the sentencing decision, Victoria provincial court judge Mayland McKimm considered the man's "highly successful" 33-year career in the military, during which he attained a considerable rank.



Do some tours, plan some sports days, get promoted, claim PTSD and get off on child porn convictions. Thanks Maryland you useless twit.


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## Edward Campbell (29 Jul 2020)

While, like everyone else, I hope, I am dismayed and disgusted by the offender's crimes, I read the judge's ruling as well as I think the average laymen can and ...
.
.
.
.
... I find no fault in his reasoning. I may not like what he was told by doctors, physchologsists and both the defence and prosecuting lawyers, but he has to work with what is offered and he was offered a case that said: good man, served his country well adequately, suffers from PTSD as a result of his service and that PTSD constributes to his dreadful predilection. He is, also, physically ill. Given the purposes of sentencing, a custodial sentence will not help and may actually do more harm than good. Therefore a non-custodial sentence with conditions is warranted.

I see that (and why) none of us like it, but the judge is not the problem.


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## Infanteer (29 Jul 2020)

I share E.R. Campbell’s sentiments.  In our system of justice, the judge can't simply order that the offender be hung from the street lights.  The rationale in the ruling makes sense.

1. I question the narrative of "combat tours," knowing the location, time frames, and MOSID of them member.
2. The mother sounds like a piece of work as well - hopefully she gets help and never goes near a small child again.
3. I have trouble declaring his PTSD to be false.  We can't just accept or deny diagnoses of PTSD to suite our opinion of the man or woman.  The science of this field of medicine is still developing, but for now, I have to assume the doctor makes a competent diagnosis.
4. It sounds like this man is basically denounced in society.  He's almost a senior citizen and has multiple heart and gastro/excretory system issues, registered sex offender status, and restrictions on where he can go.  He's basically a leper.  He'll sit somewhere and die, likely sooner rather than later, scorned by those he served with and society in general.  It may not be a prison sentence, but the justice system has cast him out of society and justice is, likely, served.


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## Cloud Cover (29 Jul 2020)

He’s living out a death sentence by other means. That said, he would get better health care (and that’s about it) if he was in prison. He’s going to die a “leper”, penniless and probably homeless with a significant amount of pain and discomfort. Sadly the exploited may end up in same state and that is what is truly heartbreaking,


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## OldSolduer (29 Jul 2020)

Infanteer said:
			
		

> I share Edward's sentiments.  In our system of justice, the judge can't simply order that the offender be hung from the street lights.  The rationale in the ruling makes sense.
> 
> 
> 3. I have trouble declaring his PTSD to be false.  We can't just accept or deny diagnoses of PTSD to suite our opinion of the man or woman.  The science of this field of medicine is still developing, but for now, I have to assume the doctor makes a competent diagnosis.



Agreed with a caveat: We were told in 1997 that if we experienced marital issues on return from Bosnia that we were always responsible for our actions and behaviours even if we experienced traumatic events.
I think its also a slap in the face to all those diagnosed with PTSD and receiving treatment and NOT committing criminal acts.


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## medicineman (29 Jul 2020)

Kilted said:
			
		

> His trade was medic?



Yeah...

MM


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## Jarnhamar (29 Jul 2020)

[quote author=Hamish Seggie]
I think its also a slap in the face to all those diagnosed with PTSD and receiving treatment and NOT committing criminal acts.
[/quote]

The media loves all things veteran+PTSD. As if the stigma of PTSD wasn't already bad enough (asshole Howard Richmond) now PSTD will be even more stigmatized with this garbage.

Lots of victims here.
All those kids.
Parents of the victims.
Police and investigators who have to be exposed to this.
And anyone with PTSD who may get this associated with their injury.


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## medicineman (30 Jul 2020)

medicineman said:
			
		

> Wow...I always found him to be a legend in his own mind and a bit FITH, but I attributed that to him being a juice monkey.  I think the closes thing to combat he likely got was being shot at in Bosnia in '94, as I think he was with the Strat's when I was with 1VP next door in Croatia - I was originally slotted to go with them instead and seem to recall he was with them.
> 
> MM



I told an untruth - he went to the first Khandahar rotation with 3VP after 9/11...

MM


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## Good2Golf (30 Jul 2020)

Re: Infanteer’s #2...having flashbacks to Carla Holmulka...only difference being it was Ms. Y’s child, not sister.  There should be a special place reserved in Hell for such a betrayal of a mother’s bond as that...


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## Journeyman (2 Aug 2020)

There are two petitions on Change.org regarding this guy: 1) to have the sentence reviewed, and 2) from the BC community in which he's doing his 'house arrest' to move him elsewhere away from the neighborhood kids.

Feel free to jump on the bandwagon as you see fit.


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## brihard (2 Aug 2020)

Journeyman said:
			
		

> There are two petitions on Change.org regarding this guy: 1) to have the sentence reviewed



The only mechanism would be if crown appeals the sentence.


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## Journeyman (2 Aug 2020)

Brihard said:
			
		

> The only mechanism would be if crown appeals the sentence.


 Perhaps the petition is to encourage the Crown to appeal.  :dunno: 

Regardless, he's several provinces away from my neighbourhood, and I'm MANY decades past his sexual predatory demographic.


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## Kilted (2 Aug 2020)

Journeyman said:
			
		

> 2) from the BC community in which he's doing his 'house arrest' to move him elsewhere away from the neighborhood kids.



I don't think that there is any legal mechanism to do that, especially if he owns his home. If he rents, his landlord could try and have him evicted (I'm not familiar with BC Residential tenancy laws, although I will guess that there are similarities with my province), this however will be difficult, as the conviction itself would not be grounds for eviction.


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## Bruce Monkhouse (2 Aug 2020)

Besides, like several have mentioned above, it'll be a harder life for him living in the public eye with restrictions then being in a coshy minimum security federal prison with a bunch of other pedophiles talking about their past 'glory'.


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## Kilted (2 Aug 2020)

Bruce Monkhouse said:
			
		

> Besides, like several have mentioned above, it'll be a harder life for him living in the public eye with restrictions then being in a coshy minimum security federal prison with a bunch of other pedophiles talking about their past 'glory'.



I doubt that he would do very well in General Population, even in jail his type isn't liked very much.


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## OldSolduer (2 Aug 2020)

Kilted said:
			
		

> I doubt that he would do very well in General Population, even in jail his type isn't liked very much.



Understated. He’d be dead or severely beaten. That’s why they are segregated. And believe it or not there is a hierarchy within sex offenders.
Offences against children are bottom of the barrel.


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## LittleBlackDevil (23 Sep 2020)

E.R. Campbell said:
			
		

> While, like everyone else, I hope, I am dismayed and disgusted by the offender's crimes, I read the judge's ruling as well as I think the average laymen can and ...
> .
> .
> .
> ...



I would argue that the defence lawyer is not the problem either.

We have an adversarial system. It is the defence lawyer's job to defend the scum of the earth and try to present them in the best possible light. The defence lawyer here did his job. It's not like the defence lawyer made stuff up -- it was medical experts who made the prognosis, he just showed that to the judge and made the legal arguments.

A system where there are no defence lawyers would be unimaginably worse than what we have.

If you need to blame someone, blame the psychiatrists who made the diagnosis and correlation between PTSD and pedophilia. Although I'm not a psychiatrist so I have no idea if they're wrong. If they are correct and in good faith, it seems the judge made the right call. Or blame the prosecutor for not undermining the defence evidence and convincing the judge otherwise.


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## expwor (23 Sep 2020)

What a load of BS.  In a nutshell they're saying PTSD causes pedophilia. I guess by that "logic" if he didn't have PTSD he wouldn't have victimized anyone.
He's just a predator who targeted children, not just the 881 on his computer but the child he and his gf were going to victimize.  And all those pictures on his computer, they were victimized children, not just pictures
What's worse, my gut feeling (based on 29 years in corrections, most of it in a prison housing sex offenders) he likely has more victims, just the authorities haven't found them yet
He's a predator that considering the crime and the number of victims, he got off too easy
Not to mention that his crimes will likely cause his victims to have PTSD maybe worse...such evil depriving a child of his/her childhood

Tom


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## Brad Sallows (23 Sep 2020)

Was the claim that PTSD always must cause pedophilia, or that PTSD could sometimes cause pedophilia?  The difference is important.

Is pedophilia a choice, or is there a pedophilia gene?  Or what is the mix of nature and nurture?

Not trying to create sympathy here.  But the ugliness of something shouldn't dictate whether we recognize and adjust for factors beyond reasonable human control, and avoid discrimination and maltreatment where it isn't warranted.


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## TCM621 (23 Sep 2020)

Brad Sallows said:
			
		

> Was the claim that PTSD always must cause pedophilia, or that PTSD could sometimes cause pedophilia?  The difference is important.
> 
> Is pedophilia a choice, or is there a pedophilia gene?  Or what is the mix of nature and nurture?
> 
> Not trying to create sympathy here.  But the ugliness of something shouldn't dictate whether we recognize and adjust for factors beyond reasonable human control, and avoid discrimination and maltreatment where it isn't warranted.




The claim was that it increases risk seeking behaviour and that this was the issue rather than an actual desire to harm children. I have read maybe 1 or 2 articles on this, so I could be mistaken, but I am pretty sure that was the reasoning.


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