Crown seeks 5 years in federal pen for man with huge child porn stash

A local man, who had a "massive" collection of child pornography when he was busted by police, should be sentenced to five years in a federal penitentiary, the Crown argued Thursday.

David Haryett is a repeat offender, and his recent convictions call out for such a prison term, David Didiodato told the court

The 16,805 images, amassed by the 41-year-old, is "the largest collection I've seen in the seven years I've been prosecuting child pornography cases in Sault Ste. Marie," the assistant Crown attorney said.

"It would have taken significant time to amass."

When city police officers went to Haryett's home to arrest him on July 28, 2020 they found him on a computer accessing child pornography.

Haryett pleaded guilty to two offences --  possession of child pornography and making child pornography available -- at an earlier court appearance.

The offences occurred between May 16 and July 28, 2020.

He was convicted of possession of child pornography in 2015, and received a sentence of two years less a day in a provincial correctional facility.

Defence lawyer Jessica Belisle proposed a sentence of 3.5 years.

She asked Ontario Court Justice Romuald Kwolek to give her client credit for the time he has spent on bail, under restrictive "house arrest-like" conditions, since he was charged.

Haryett has spent two years, seven months and 10 days on the release order, Belisle said.

With a 1.5 day credit for each day, he would face custody of two year less a day, which she suggested could be served as a conditional sentence (house arrest) in the community.

Haryett, who suffers from depression and a personality disorder, is very remorseful and has accepted responsibility for his actions, Belisle said.

He has received treatment, knows what he did is wrong and is disappointed in himself.

"If not for the pandemic he would not be back in court," she told Kwolek. "Isolation and COVID brought him to this."

The isolation during the "heat of the pandemic" caused him to re-offend, Belisle said, adding access to counselling was significantly reduced at that time.

Didiodato countered the "entire world" was in the same situation so house arrest had a significantly less impact on the accused's liberty.

Five years custody is the lowest sentence available for these offences, he maintained, indicating seven to nine years is in line with recent court decisions. 

A penitentiary sentence is the starting point, and five years takes into account Hayett's guilty pleas, the prosecutor said.

The accused received a significant provincial jail term in 2015 for a single offence (possession of child pornography), Didiodato told the court, citing the aggravating factors that must be taken into account.

Haryett is a repeat offender, now convicted of two more offences, including making child pornography available.

The Crown also asked Kwolek to impose a life-time Sex Offender Information Registration Act (SOIRA) order.

As well, he requested forfeiture of the computer and a thumb drive.

Kwolek adjourned his decision to April 19.