Author Topic: Military combat veteran avoids jail time on child porn conviction due to PTSD  (Read 2019 times)

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Offline daftandbarmy

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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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Offline ModlrMike

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Offline Hamish Seggie

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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.
+300
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Offline Bruce Monkhouse

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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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Offline Brihard

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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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Offline CBH99

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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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Just realized this guy worked for me in Edm many years ago.
WARNING: The consumption of alcohol may create the illusion that you are tougher,smarter, faster and better looking than most people.
Every normal man must be tempted, at times, to spit upon his hands, hoist the black flag, and begin slitting throats. (H.L. Mencken 1919)
Zero tolerance is the politics of the lazy. All it requires is that you do nothing and ban everything.

Offline Kilted

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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.

Offline ModlrMike

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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.
WARNING: The consumption of alcohol may create the illusion that you are tougher,smarter, faster and better looking than most people.
Every normal man must be tempted, at times, to spit upon his hands, hoist the black flag, and begin slitting throats. (H.L. Mencken 1919)
Zero tolerance is the politics of the lazy. All it requires is that you do nothing and ban everything.

Offline daftandbarmy

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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.

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

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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.

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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Offline Kilted

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His trade was medic?

Offline CanadianTire

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

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Quote
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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Offline E.R. Campbell

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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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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.

+400 « Last Edit: July 30, 2020, 21:51:51 by BeyondTheNow »
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Offline CloudCover

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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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Offline Hamish Seggie

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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.
« Last Edit: July 29, 2020, 16:12:12 by Hamish Seggie »
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MM

Remember the basics of Medicine - "Pink is GOOD, Blue is BAD, Air goes in AND out, Blood Goes Round and Round"

I may sound like a pessimist, but I am a realist.

Offline Jarnhamar

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Quote from: 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.

The media loves all things veteran+PTSD. As if the stigma of PTSD wasn't already bad enough (******* 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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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
MM

Remember the basics of Medicine - "Pink is GOOD, Blue is BAD, Air goes in AND out, Blood Goes Round and Round"

I may sound like a pessimist, but I am a realist.

Offline Good2Golf

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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...
+100

Offline Journeyman

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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.

Offline Brihard

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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.
Pacificsm is doctrine fostered by a delusional minority and by the media, which holds forth the proposition it is entirely possible to pick up a turd by the clean end.

Offline Journeyman

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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.