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Sault man gets 16 months jail for child sex chats

He also admitted to making child pornography available
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The Sault Ste. Marie Courthouse is pictured in this file photo.

A local man was jailed for 16 months Wednesday for counselling others on chat lines to commit sexual acts on children.

Citing the need to denounce James O'Hara's conduct to deter him and others, Ontario Court Justice John Condon imposed the custodial sentence for the 67-year-old man who was convicted earlier of two child pornography offences.

If any of the information O'Hara provided in online chats about how to engage young persons in sexual acts was acted on, it would result in further victimization, the judge said, adding "this is conduct that must be deterrered."

Condon also placed O'Hara on probation for three years — the maximum permitted under the Criminal Code of Canada — and ordered him to register as a sex offender for the rest of his life.

He also imposed a myriad of conditions and prohibitions, limiting O'Hara's access to digital devices and the Internet, and attendance at places frequented by young people, as well as requirements that he undergo counselling and participate in rehabilitative programs.

O'Hara pleaded guilty on Feb. 6 to making child pornography (photos and movies) available and on March 27, to creating child pornography, written user-to-user chats describing sexual activity with prepubescent females.

The offences occurred between Jan. 1, 2016 and April 20, 2016.

He was sentenced to a 12-month concurrent sentence for making child pornography available.

Condon heard the National Centre for Missing and Exploited Children notified police about the upload of images of children from a Sault Ste. Marie IP address.

City police began an investigation and obtained a warrant for O'Hara's residence, where officers located various electronic devices.

Examination of the devices revealed images were being distributed on Skype.

A forensic examination found 273 photos of child porn, of which 191 were easily accessible and 51 movies, 47 of which were easily accessible.

Officers also discovered written materials.

The judge noted, as an aggravating factor, that O'Hara hasn't participated in any counselling to address his behaviour.

A presentence report indicated the accused couldn't provide the true reason why he committed the offences, but stated he takes full responsibility and regrets his choices.

Condon said that while O'Hara may be regretful, there was no evidence "he has gained an insight into the impact his conduct has had upon those persons in the images he collected or the impact his conduct of counselling others, by way of chat lines, may have on the victimization of other young persons."

This lack of insight raises concerns about a potential reoccurrence of this behaviour, he said. 

The judge referred to a suicide attempt by the accused that his lawyer Michael Bennett described as a plea for help and a sign of regret, and prosecutor David Didiodato characterized as an attempt to escape liability.

Since there was no psychiatric or psychological evidence provided, Condon said he was inclined to view it as containing some of both interpretations provided to the court.

O'Hara faces further surgery,  and his suicide attempt has imposed further long-term punishment upon himself, he said.

"It seems likely that Mr. O'Hara has given himself a reminder of his criminal misconduct that will remain long beyond any sentence imposed by this court."

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About the Author: Linda Richardson

Linda Richardson is a freelance journalist who has been covering Sault Ste. Marie's courts and other local news for more than 45 years.
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