Extreme drunkenness does not excuse downloading child pornography: judge

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A southwestern Ontario man who claimed he was too drunk to remember downloading more than 100 pornographic videos involving young children failed to convince a judge he had been sufficiently rehabilitated to avoid prison.

A defense attorney for Liam R. Bock, 25, said the Brantford resident is now sober and has been heavily involved in serving the community by volunteering for several years.

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“He was drinking daily, non-stop, when these offenses took place,” Alison MacDonald said. “For three or four days, he consumed a 26-ounce bottle of vodka per day and two cases of coolers in the same amount of time. This is extreme alcohol consumption.

In court, Bock pleaded guilty to possessing child pornography and distributing or selling child pornography by sharing images and videos.

Bock, who grew up in traumatic circumstances, has also been receiving intensive counseling for several years, his attorney said. She said Bock successfully completed his bail conditions at a local residential program.

“He fully acknowledges that these were his devices (seized), but he doesn’t remember anything because of his drinking,” MacDonald said.

Judge Robert Gee was skeptical about Bock’s blackouts while he managed to download and conduct pornographic conversations on social media.

“He had an SD card with 197 images and 116 videos and every time they were downloaded or viewed he was drunk?” » asked the judge.

MacDonald urged the judge to consider a lengthy – and rare – suspended prison sentence for Bock’s offenses, saying that while they were “truly terrible, criminal, aberrant, inappropriate and disgusting” crimes, the incarceration would mean he would lose the progress he has made in counseling. and life skills.

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But assistant Crown prosecutor Christine Lund asked for a three-year prison sentence, saying Bock had tried to “silence” his offenses in a pre-sentence report prepared for the court.

“The release (of the images) is annoying and not having any memory of it all seems hard to believe,” Lund said. “This calls into question this offender’s acumen and raises concerns about his rehabilitation.”

This refusal raised the bar for what the Crown was asking for, she added. “It might have been appropriate to impose a two-year sentence with three years of probation, but due to the lack of understanding, three years is warranted.”

Bock told the judge he had worked for years to try to repair himself through programs, volunteering and therapy.

“If I can find more therapy and help, I would like to pursue it,” he said.

Gee acknowledged Bock had taken positive steps, but said his offenses were far too serious to merit a suspended sentence.

“You had a rough start – no one denies that – but the damage caused by this type of abuse is very, very serious,” Gee said. “The people in these videos are suffering eternal harm. They will never be the same again. »

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Gee said some pornographic content was “particularly disturbing” because of the ages of the children and the way it was shared with others.

“I am concerned about your explanation that you have little or no memory of it,” Gee said. “Saying ‘every time I was too drunk to remember’ is hard to accept.”

Gee said three years was the right punishment.

Bock was ordered to provide a DNA sample and remain on the sex offender list for 20 years. Once released from prison, he will be subject to restrictions on being around children for 10 years.

“I know this was not the outcome you were hoping for,” the judge said, “but I hope you continue to follow whatever advice you need so that we don’t have to deal with this again situation.”

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