Whitehorse Daily Star

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Spanish citizen sentenced for child porn offence

A Yukon deputy judge has sentenced a 48-year-old Spanish citizen convicted of making child pornography to 15 months time served.

By Gord Fortin on December 14, 2018

A Yukon deputy judge has sentenced a 48-year-old Spanish citizen convicted of making child pornography to 15 months time served.

Deputy judge Carol Ann Snell rendered her decision against Lorenzo Miguel Gil Morales after a sentencing hearing on Tuesday. He appeared in Whitehorse by video from Saskatchewan.

Before sentencing, she heard submissions from both the Crown and the defence, who presented a joint submission.

Crown prosecutor Leo Lane read the victim impact statement written by the 15-year-old complainant.

She reveals she has felt ashamed, depressed and worthless due to the sexual assault. She said she has tried to commit suicide and has cut herself. She worries about being judged by people if they saw the video of the incident.

Lane said Gil Morales has been in custody for 10 months and would entitled to credit for 15 months. He recommended sentencing him to 15 months’ time already served with no further custodial time nor probation afterward.

He argued this is appropriate because the Canadian Border Services Agency (CBSA) has already taken steps to remove Gil Morales from the country.

Lane said he has been in contact with the agency. He understood that if Gil Morales was sentenced immediately, he would remain in custody and be moved to Vancouver for an immigration hearing.

The Crown next addressed the aggravating factors of the case.

The biggest one, Lane pointed out, was the video itself, which captured the sexual assault on a minor. He called this an invasion of privacy.

He added that Gil Morales’ not guilty plea and the complainant’s age were aggravating as well.

As for mitigating factors, he said Gil Morales does not have a criminal record.

Along with the 15 months time served, the Crown sought other orders. These include Gil Morales having to be part of the sex offender registry for 20 years, and he must submit a DNA sample.

Snell asked if she should consider the fact that Gil Morales gave the complainant money for sex aggravating.

Lane felt it would be inappropriate to use this fact against him since he was neither charged nor convicted of such an offence.

He said doing so would be unfair to Gil Morales. Lane explained he would have sought a higher sentence had he been considering this factor.

He clarified that he did not pursue this charge because the complainant gave testimony that was inconsistent with the video.

Fiona Begg, Gil Morales’ attorney, explained that her client may have pled not guilty but he now accepts responsibility for the offence.

She added he does not use drugs, nor does he have a criminal record.

She explained that he did not know the complainant. There was only one meeting between the two. There was no real planning to the encounter.

Begg argued that her client was proceeding on a perceived willingness on the victim’s part. This included his impression that she was able to consent to the sexual activity.

The facts have shown that his impression and perceptions were wrong.

She felt a sentence of time served was appropriate. She said this is because the Supreme Court of Canada has determined that sentences must be proportional to a defendant’s moral blameworthiness. She said her client accepts he is morally responsible for what happened.

Begg reminded the court that her client never asked for bail.

As for the factor of paying for sex, Begg agreed with Lane. She too felt it was inappropriate to use it against Gil Morales when he was not charged nor convicted on this front.

“That should not be taken into account,” she said.

Begg added that it was the complainant who had brought up a financial transaction for sex during her testimony.

She next moved to Gil Morales’ circumstances. He is from one of Spain’s territories in Northern Africa, where works as a taxi driver.

He saved money to visit Canada, with Whitehorse being his final stop.

Begg said he was soon planning to leave the country to return to Spain, in the days after the incident during the evening of Feb. 10. She did not provide any further details on his time in the country.

Begg stressed that her client will not walk free in Canada. Once released from custody, he would be surrendered to the CBSA.

She suspected he would be deported quickly and not be able to return to Canada without a ministerial consent.

“The chances of him ever being able to return to Canada are minimal,” Begg said.

She added this conviction will affect her client’s ability to travel outside of Europe.

She said Gil Morales apologizes for everything and emphasized it was not his intent to upset anyone.

Snell asked what was the purpose of recording the sexual assault. Begg said it was for his own use. She clarified that he had no intention to distribute it and had never done something like this before.

She added that there is a trend amongst young people to film themselves in more compromising situations with no intention to distribute the material.

Gil Morales was given a chance to speak. He chose Spanish, and his interpreter relayed the message to the court in English.

Gil Morales asked for forgiveness for his action and said he was not acting in any malicious form.

Snell rendered her decision after hearing submissions.

She said this was a serious offence because it was committed on a vulnerable person.

She acknowledged the complainant’s statement that the sexual assault had greatly damaged her.

She felt her sentence needs to follow the principles of denunciation and deterrence.

She made it clear that she may have suggested a higher sentence but was prepared to accept the joint submission, saying it was nonetheless acceptable.

She approved the 15-month prison sentence as time already served.

Gil Morales was also ordered to provide a DNA sample. He will have to be on the sex offender registry for 20 years and will be subject to the $200 victim fine surcharge.

Begg said he has foreign currency and credit cards, but in the circumstances, it would be difficult for him to pay since a quick deportation is imminent. She recommended giving him one day to pay and one day in default.

Lane disagreed, saying Gil Morales could send a money order. He also asked that the court order the forfeiture of the digital camera the RCMP seized from Gil Morales.

All other items taken by police would be returned.

Snell gave Gil Morales until March 29, 2019 to pay the surcharge. She said there are enforcement mechanisms to pursue if he fails to pay.

She also approved the forfeiture and returns as presented by Lane.

Comments (10)

Up 5 Down 1

Josey Wales on Dec 17, 2018 at 9:19 pm

Gee I feel so culturally enriched now, after this introduction to another besides my own.
Wait...I am Canadian, we are alleged to have no culture says the himbo in Ottawa
Other than our culture of capitulation, that is?
Short of the ever so trendy publication ban, look forward to further cultural enrichment in the very near future.
Sacrilege....I typed all that with no socks on at all.
Once our Himbo hears of this, AND no sandals either....off with my head?

Up 27 Down 3

Free Ride on Dec 15, 2018 at 12:00 pm

@ Doug Tutty - The Court is a dispassionate trier of fact. Victims have no real status in the Court other than the placations offered through parliament in the Victims Bill of Rights. They are seen as a distraction in the finding of guilt process.
It really is not what people believe it to be. The Canadian judicial system deliberately separates the victim from the criminal act through a process of de-subjectification [dehumanization].

The opposite occurs for the perpetrator. The criminal’s act becomes an act against the state or the Queen. The victim has no standing.
This is why we have “get-away” sentencing - Murder -2-3 years’ish, sexual assault 14-15 months... Sure, sometimes they are given 2-3 years of probation but there is no real expectation by the court system that the offender comply with the conditions.

Heck - You can even commit a sexual, assault, impaired driving and still get out on probation again and again and again.

Because there really are no victims. That is the complicity of the system. Now-a-days with Gladue and other distortions of the court process the offender is the victim of circumstance. Soon - The offender will be granted victim status.

Up 17 Down 8

@juniper jackson on Dec 15, 2018 at 8:03 am

@juniper jackson

What are you on about? Are you reading the same story?
"Begg stressed that her client will not walk free in Canada. Once released from custody, he would be surrendered to the CBSA"

Have you just given up even trying to make sense?

Up 29 Down 0

Doug martens on Dec 14, 2018 at 11:57 pm

What we need most is more sympathy for the poor pitiful rapists of our children as is demonstrated by giving him until March to pay 200 bucks. (This is sarcasm for those who need that spelled out)

Up 29 Down 0

Rod on Dec 14, 2018 at 11:43 pm

lol. 15 months? Lol. Ridiculous..

Up 32 Down 4

Guncache on Dec 14, 2018 at 10:07 pm

A Spanish territory in North Africa, hmmm, could this be the peaceful muslim religion where they marry 6 y.olds? How about a picture of this invader

Up 27 Down 2

Doug Tutty on Dec 14, 2018 at 8:53 pm

What supports or counselling have been offered to the complainant? Is she in a stable family, child protection, or is she on her own? Who is addressing the content of the impact statement?

Up 29 Down 4

My Opinion on Dec 14, 2018 at 8:28 pm

So it says this guy was a North African Taxi driver. So is that what he was doing here? It seems to me that these Taxi drivers in town here have been involved in some terrible things. Where is the vetting of these guys. Maybe where they come from this is cool and OK.

Up 38 Down 4

Dennis Ellis on Dec 14, 2018 at 7:08 pm

1. Deport.
2. Take away Passport permanently.
3. Register him as sexual deviant.
4.Send him back to his original country to serve his time.

Up 31 Down 28

Juniper Jackson on Dec 14, 2018 at 4:44 pm

So, Morales will be back on our streets in no time.. the Trudeau government has not deported anyone for any reason. They've said they're deporting 1.. but they haven't actually done it.

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