Local man sentenced on pornography charge
One of two Yukon men charged with downloading child pornography is free today, after pleading guilty to the charges against him.
One of two Yukon men charged with downloading child pornography is free today, after pleading guilty to the charges against him.
Brian Nowazek was caught on a child porn web site during a U.S. intelligence operation, called Project Emissary, aimed at the illegal pornography industry.
Local Mounties executed a warrant on his home in September 2007 and found thousands of "disturbing images", which included photos and videos of children being grossly sexually abused.
The children depicted in the pornography ranged from toddlers to teens, the court was told.
Along with a vast pornography collection, the RCMP found several unregistered firearms, including two Thompson submachine guns - illegal in Canada.
Nowazek was arrested and charged. He was denied bail based on his criminal record - he was convicted and jailed for almost 10 years for sexually assaulting a child in Arizona.
Judge Karen Ruddy heard sentencing recommendations from Nowazek's lawyer and the Crown prosecutor on Monday before reserving her judgment until this morning.
Nowazek's lawyer, Mike Reynolds, had suggested his client be let off with time served.
Reynolds said his client had been punished by more than just time behind bars. Nowazek had to forfeit his valuable gun collection to police, losing his "retirement plan,"
Reynolds told the court. He estimated the value of the commemorative edition Tommy guns at more that $15,000 a piece.
Reynolds said the inevitable firearms ban that comes with charges of this nature will end Nowazek's gunsmithing career, leaving him with "murky employment prospects."
Reynolds said Nowazek "fully recognizes the harm of his actions ... it was not a choice, it was a compulsion," often fuelled by drinking.
Crown prosecutor David McWhinnie recommended Nowazek be given the maximum sentence for possessing child pornography, 24 months, and six to 12 months for the firearms.
Ruddy followed McWhinnie's suggestion by handing out an official sentence of 31 months in total, but by giving Nowazek time-and-a-half credit for the 21 months he has spent in remand since his arrest, she let him out of jail.
For the next three years, Nowazek is not allowed to own a computer, drink or go to bars and pubs.
He must live with his sister, who sat behind him in court both days this week.
For the first six months of his three-year probation, he can't leave the house without permission between 7 a.m. and 7 p.m. If he obeys the rules of his probation for six months, he can stay out until 8 p.m., then until 9 p.m. six months after that and so on.
The graduated curfew was suggested to the court as a reward for good behaviour.
Nowazek will be put on the sex offender registry for the next 10 years.
He is barred from owning or using firearms and from attending parks and other places where there are children for that same period.
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