Editor's note: This story contains details that might be disturbing to some readers.
An Abbotsford man who had amassed more than 12,000 images of child sexual abuse has been sentenced to a one-year jail term and three years of probation.
Judge Dannielle Dunn sentenced Caleb Abraham Janzen, 36, on Thursday (May 1) in Abbotsford provincial court, rejecting the joint sentencing submission of the Crown and defence lawyers.
Both lawyers had jointly recommended a two-year conditional sentence and 18 months鈥� probation, meaning Janzen would have served his time in the community.
It鈥檚 unusual for a judge to go outside of a joint submission, but Dunn said she took into account that Janzen was previously convicted 鈥� in December 2019 鈥� of a charge of distributing child porn. At that time, he was handed a six-month conditional sentence and 18 months鈥� probation.
Dunn said the lawyers鈥� sentencing recommendation on Janzen鈥檚 current charge of possession of child pornography 鈥� to which he previously pleaded guilty 鈥� was based on court cases in which the accused had no prior criminal record.
She said rejecting a joint submission is done only in rare circumstances.
鈥淚 find that a person so informed of the facts of this particular offence and this offender would find that a non-custodial sentence is so unhinged as to bring the administration of justice into disrepute,鈥� Dunn said.
Janzen was arrested and charged following an investigation that started in June 2022.
U.S. Homeland Security discovered that materials containing child sexual abuse were sent to an email address that later proved to be Janzen鈥檚.
Two search warrants executed at Janzen鈥檚 home in Abbotsford resulted in the seizure of three cellphones.
Dunn said a detective from the Abbotsford Police Department extracted data from the devices and found 12,485 files that met the definition of child pornography under the Criminal Code.
Five of those images were presented as court evidence as a representative sample.
Dunn said the images were of girls between the ages of five and nine who were naked or mostly naked. Two were bound with rope at the wrists and ankles.
Four of the five images showed the girls being sexually assaulted by men.
鈥淭hese images are beyond disturbing. These victims may be unknown, but they are out there somewhere,鈥� Dunn said.
She said in a psychological assessment of Janzen, he questioned how his actions could negatively impact children when he only viewed 鈥� but did not produce 鈥� the material.
But in a later report, Janzen was quoted as saying, 鈥淓very time you view it, you鈥檙e supporting what is happening. You鈥檙e hurting them too.鈥�
The reports also indicated that Janzen has a learning disability and attention deficit disorder, lives off income disability assistance benefits, and
spends most of his time playing video games and watching movies.
Dunn said after Janzen鈥檚 2019 sentencing, he completed a sex offender program and stopped viewing materials of child sexual abuse for a few months. But he eventually began accessing it again through the dark web.
鈥淗e stated that he was looking for a thrill, but the images and videos were not giving him the same thrill as before. Mr. Janzen reported that he was viewing it more often and for longer durations,鈥� Dunn said.
鈥淗e reported becoming concerned that he may commit a contact offence, which is an offence involving direct contact.鈥�
Dunn said since his latest arrest, Janzen has indicated he is willing to complete further programming and believes that, after being baptized in a church in 2024, his religion will keep him from further offending.
鈥淗e reported that his involvement in church is helping him to avoid thoughts, urges to access CSAM (child sexual abuse materials). He stated that he would 鈥檛alk to God鈥� if he ever had thought or urges again,鈥� she said.
Dunn said a jail sentence is necessary in this case because Janzen had a prior conviction, the images in his possession depict sexual violence of children under nine years old, he had more than 12,000 images stored, and a psychologist determined he is a 鈥渕oderate to high risk鈥� to re-offend.
Following his jail term, Janzen鈥檚 probation will include several conditions such as not accessing the internet or using a cellphone except for the purposes of attending virtual court appearances, contacting his probation officer, or for employment or an emergency.
He will also be prohibited from going to public parks, swimming areas, playgrounds, daycare centres and other areas where kids under the age of 16 are expected to be, except with the written permission of his probation officer.
