SENTENCING TUESDAY IN CHILD PORN CASE
Defence asks for sentence of “time served”; Crown wants 6
Pam Douglas
Staff writer
A Brampton man who pleaded guilty to child pornography and assault charges should be sentenced to “time served,” his lawyer has told a judge.
In sharp contrast, the Crown counsel is asking for a six year sentence in the penitentiary.
John Brian Wyton, 52, of McMurchy Ave. has spent 8 months in pre-trial custody, which, when applying the “two-for-one” sentencing principle for pre-trial time is equal to a sixteen month sentence. Defence attorney Gary Batasar told court that it is an appropriate sentence.
Wyton pleaded guilty to seven criminal charges last month- making child pornography, sexual touching of male under 14, indecent assault, assault causing bodily harm, and three drug possession charges.
Assistance Crown attorney Sandra Caponecchia is asking that Wyton face consecutive sentence for his crime for a total of six years in the penitentiary.
Judge Bruce Duncan will decide Wyton”s fate Tuesday.
Wyton was arrested by Peel Regional Police last September. At this time, 800 videotapes were seized but it was later discovered that only one or two had anything to do with the criminal offence.
“I had this problem and I wanted to get rid of it,” Wyton told the court yesterday as he described leaving a videotape in his VCR where he knew it would be discovered.
The videotape, made by Wyton and seized by police, showed six or seven boys under 18 years of age, engaged in masturbation and mutual masturbation with Wyton.
Court heard boys in the neighbourhood used to “hang out” at Wyton”s apartment.
Batasar took exception to a pre- sentence report prepared by a parole officer and offered as an exhibit at his sentencing hearing.
“it”s totally inappropriate for probation officers to make some of the comments he made in it, and include some of the information he did,” Batasar told Duncan.
The judge agreed to allow the pre-sentence report to be submitted.
“Despite its shortcomings, it does contain some factual background,” he said.
Crown Caponecchia did not refer to the information in the report in her submissions.
Wyton”s record consists of a conviction for pointing a firearm about 10 years ago and committing indecent act in 1974.