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A Kelowna man facing sentencing for possession of between 7,000 and 12,000 child porn photos and videos, told a Supreme Court, he was “saddened and disappointed” in himself.
Terry Krock, 54, pleaded guilty to one charge for possession of child pornography in November 2019 for offences committed between 2010 and 2017.
As sentencing submissions concluded on Thursday afternoon (Sept. 24), Krock took to the stand and expressed his remorse.
“I’m very ashamed of my actions,” Krock told B.C. Supreme Court Justice Allison Beames. “I’m extremely sorry for the harm that I’ve caused by my actions to children. I take full responsibility for my actions.”
The Crown is seeking a prison sentence of one year while the defence is looking for a conditional sentence to be served over 18 to 24 months, which would allow Krock to avoid jail and retain his job. Both Crown and defence submit that a three-year probation would also be appropriate for Krock.
Beames said while she initially anticipated giving her decision on Thursday, the longer-than-usual, three-day sentencing procedure and weighty submissions from both parties have given her a lot to think about.
“I would like to re-read the psychological reports that have been provided as well as consider the submissions that have been made,” said Beames. “It’s a reflection of the quality of the submissions that I have not already made up my mind.”
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On Wednesday, Crown counsel Dan Blumenkrans told Beames the thousands of files in Krock’s collection of child porn “traverse the spectrum of depravity.” The children in the images ranged between one and 17 years old.
“It included some with high degrees of violence, in my submission,” said Blumenkrans.
Blumenkrans continued, telling the court of disturbing online conversations between Krock and a United Kingdom woman, which he saved and kept as text documents alongside his thousands of child porn files. Krock and the woman spoke in detail of sexual acts Krock could perform on her either unborn or very young daughter.
The two spoke of how Krock could “adjust the type of (sexual) acts” to “suit her size and readiness,” Blumenkrans said.
Fitzpatrick submitted that a conditional sentence order meets the standard of deterrence while letting Krock remain out of prison. He cited exceptional circumstances that should be considered when handing Krock his sentence, including a neurocognitive disorder Krock, developed following a car crash and his need to retain a job.
“Denunciation can be achieved through a conditional sentence; it is not a ‘get out of jail free card’,” Fitzpatrick said.
A search warrant was executed on Krock’s residence in June 2017 after police discovered in 2016 he had been downloading child porn. Upon the RCMP’s arrival to his home, Krock told them they would find child porn in their search.
Krock had no criminal record before this offence.
Justice Beames is scheduled to deliver her decision on the matter on Oct. 8.
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