A Prince George man was sentenced to 18 months in jail Monday after pleading guilty to possessing and distributing child pornography.
Joseph Samuel Sackaney, 50, was also sentenced to a consecutive term of 30 days for breaching the conditions of his bail while out of custody as his case went through the courts and he must also serve three years probation once the jail term is completed.
In issuing the terms, Prince George provincial court judge Michael Brecknell agreed with a joint submission from Crown and defence counsels in which Sackaney's "chaotic and dysfunctional upbringing" and the effects of the residential school system on aboriginal people were taken into account.
But in doing so, Brecknell also noted "hundreds and thousands of First Nations people in this country who suffered through similar consequences" have not gone on in their lives to commit crimes, let alone ones as "particularly pernicious and damaging" as Sackaney's.
Sackaney was arrested at his home in October 2013 after the RCMP's integrated child exploitation unit determined he had been accessing child pornography with the help of software designed to detect such viewers.
Investigators determined he had been accessing and downloading images and videos onto a laptop computer for about four-and-a-half years and had been storing material on an external drive for about four months. They also determined he had shared one of those files, leading to a charge of distributing child pornography.
Although he initially denied owning the external drive, found in the headboard of his bed, Sackaney ended up pleading guilty to all three charges laid against him at an early stage.
But while out on bail, he failed to appear for a court hearing in late April 2014 and had lost contact with his lawyer. A warrant was issued for his arrest, complete with RCMP issuing a photo of Sackaney that was printed and broadcast in both Prince George and Kamloops media.
He was arrested in mid-May 2014 when he was recognized while using a computer at the Kamloops Public Library, contrary to one of his bail conditions. A complainant told police Sackaney had been using the computers on a regular basis and would try to take up more time than the one hour per day patrons are allowed.
He also appeared intoxicated at times and was asked to leave on one occasion because of his condition. Sackaney claimed he was using the computers to look for jobs and listening to music.
He was arrested in late April 2014 when he was found passed out in front of a Kamloops elementary school, also contrary to his bail conditions, but the matter was not pursued, the court was told.
Investigators found 237 active and deleted files in the external drive, the vast majority depicting child pornography. No images were found on the laptop but evidence was found that Sackaney had been using it to access and download material.
The images depicted a range of scenarios which Brecknell said suggested Sackaney was searching for increasingly depraved scenes to achieve the same "kick" he got when he began searching out child pornography.
Child pornography is not a victimless crime, Brecknell said. The victims are often injured and even killed as a result of what they go through and those who do survive live knowing images of them being attacked and abused have been stored by someone.
Sackaney covered his face with a hand and sighed heavily when several minutes of the hearing were devoted to describing what is depicted in the scenes.
Prior to sentencing, Sackaney had spent 263 days in custody. Base on credit of 1.5 for each day served before sentencing, he received credit for 395 days, meaning he will serve a further 183 days in jail before his probation begins.
Conditions of his probation include staying away from youths 16 years old and younger and places where they tend to congregate. He must also advise anyone he is dating of his convictions.
