Whitehorse Daily Star

Former day care worker sentenced for possession of child pornography

A former day care worker who was convicted of possessing child pornography was given a nine-month conditional sentence in territorial court Friday.

By Whitehorse Star on September 12, 2005

A former day care worker who was convicted of possessing child pornography was given a nine-month conditional sentence in territorial court Friday.

Robert Douglas Gibb, 47, will serve his sentence in the community rather than in jail.

'Allowing Mr. Gibb to serve his sentence in the community would not present an undue risk to public safety,' said Judge John Faulkner.

Gibb was convicted of possessing child pornography, after images of naked prepubescent girls were found on the hard drive of his computer and on 12 floppy disks.

Some of the girls were shown with dildos and other objects.

As a result, Gibb will serve a nine-month conditional sentence followed by nine months' probation.

The terms of his sentence include a curfew from 9 p.m. to 7 a.m., treatment and counselling as directed by his sentence supervisor, which could include sex offender treatment, and no contact with anyone under the age of 16 unless he has written permission and is accompanied by an approved adult.

Gibb is also forbidden from using computers unless it's for the purpose of employment or in a public place.

The images Gibb had in his possession fared on the lower end of the scale criminally, said Faulkner.

Images that would rate higher include showing a child and an adult involved in sexual acts or pictures that show penetration.

Gibb's story had changed over time, Faulkner said in delivering the sentence.

During an interview for the pre-sentence report, a document that gives background information on the accused to assist in sentencing, Gibb claimed responsibility for possessing the images, Faulkner said.

He admitted to having downloaded them in Manitoba, the judge said.

'(Gibb) clearly admitted to downloading child pornography,' Faulkner said in court.

During his trial, however, Gibb pleaded not guilty. Representing himself initially, he said the images must have been downloaded by other people, Faulkner told the court.

Gibb has maintained during the trial that he was not aware of the images' existence.

Earlier in court, Crown prosecutor David McWhinnie described it as 'troubling' that Gibb has not taken responsibility for the images on the disks and in his computer.

Gibb's lawyer during the sentencing, Keith Parkkari, reiterated that Gibb has maintained his ignorance to possessing the images throughout, which makes it difficult to accept responsibility for them.

A psychological assessment done before sentencing said Gibb was at moderate risk of re-offending and required sex offender treatment.

Although Gibb has not taken responsibility for possessing the pornographic images, this behaviour is not unusual for sex offenders, Faulkner said.

'Mr. Gibb's denial and resistance is not at all uncommon,' the judge said.

Rehabilitation is an important aspect of the case, said Faulkner, who ordered Gibb to undergo any assessments, treatment and counselling his sentence supervisor requires of him.

The images were brought to the RCMP's attention by Gibb's ex-wife after their son found them on his computer.

Gibb's arrest was marked by a series of unusual events.

Initially, Gibb admitted the photos were his, which led to his arrest.

While Gibb was being arrested, he suffered two seizures and was taken to Whitehorse General Hospital. The legitimacy of the seizures, however, has been questioned by arresting officer Const. Brad Wirachowsky.

Then, while in hospital, Gibb threatened to kill himself with a knife but was disarmed by Wirachowsky before he could hurt himself.

In court Friday, Gibb said nothing. He looked down at his hands frequently as the sentence was read out..

While he was convicted of possessing the images, there is no evidence he created them or brought them into the public realm, according to both the prosecution and the defence. Faulkner agreed in his sentence, but said possessing child pornography is significant.

'There is no suggestion Mr. Gibb produced the images or distributed them,' Faulkner said. However, without the consumer, there is no market for the production and distribution of explicit images of children, he said, referring to other similar cases.

The role Gibb played as a consumer of child pornography was a 'necessary link in the the chain,' he said.

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