falling outside the regular range of appropriate sentences is not necessarily unfit. Regard must be had to all the circumstances of the offence
and the offender, and to the needs of the community in which the offence
[ 120] Sadistic sexual assault of twin babies and a very young
child by a trusted caregiver is amongst the most grievous crimes
imaginable. To record such abuse and trade it on the Internet compounds the injury to the victims. All the more so when the offender
does so for the stated purpose of attaining notoriety and “respect”
so that others will share their own sadistic abuse of children. And
the more horrific the abuse, the more it is valued in that
community. The appellant’s violation of his victims is repeated
every time the images are viewed on the Internet, where they
cannot be erased and will likely reside in perpetuity. And, as the
sentencing judge observed, the victims, particularly S, whose
face is shown, may be further traumatized by the knowledge
that these images and films could surface in their personal lives
at any time.
[ 121] As the sentencing judge noted, this is not the only
way the victims have been and will be affected. Child sexual
abuse can cause enduring, even lifelong, psychological harm,
trauma and suffering. The sexually abused child may become
incapable of forming loving and caring relationships. His or her
family members may suffer the indirect consequences of the
[ 122] Courts must continue to denounce and deter such conduct in the strongest possible terms. The only way to do so is to
send a message to the offender, and to like-minded individuals,
that they will pay a very heavy price for their conduct.
[ 123] The sentence in this case sends that message. It needed
to do so. While the sentence was at the high end of the range for
such offences, and possibly in excess of the range, I am not satisfied that it was the product of an error in principle or of the failure to consider or over-emphasis of a relevant factor. Nor is the
sentence demonstrably unfit.
[ 124] For these reasons, I would dismiss the appeal.