Jail plus probation for child porn possession

By Peggy Revell on June 14, 2018.

prevell@medicinehatnews.com @MHNprevell

A 16-month sentence and three years of probation were handed down Wednesday to a Medicine Hat man found with child pornography and a 12-gauge shotgun.

Tyler Falkeisen entered guilty pleas in November to the charges, with sentencing arguments taking place earlier this year.

While Judge Ted Fisher’s sentencing decision originally totalled 21 months jail time, he reduced this to 16 due to the accused’s cognitive deficiencies and central nervous system disabilities stemming from having Fetal Alcohol Spectrum Disorder (FASD). The three years of probation will require him to undergo counselling and treatment.

Investigation into the accused began in April 2017 when Alberta’s Internet Child Exploitation unit received a referral from the U.S. National Center for Missing and Exploited Children about a Medicine Hat suspect uploading child porn to the Internet.

Two devices were seized by police. On them were more than 6,400 images combined depicting child pornography and 111 movies. Some of these images also depicted violence against the children, noted Fisher during his decision.

A 12-gauge shotgun which the accused did not have proper licensing and registration for was seized by police.

During his sentencing decision, Fisher referred to the psychiatric assessment which found the accused had a moderate to high risk for sexual offences, and is at high risk for further criminal offences. This report also stated the accused has not addressed issues that led him to having child pornography.

A separate report on the accused’s FASD stated he has central nervous system damage and needs lifelong support for day-to-day living.

The Crown asked for a sentence of two years with three years probation, while defence counsel requested a sentence of one year, citing the accused’s FASD, low cognitive abilities and other personal history.

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