Some of the information in this story may be unsettling to some readers. Discretion is advised.
A Kelowna man who pleaded guilty to possessing between 7,000 and 12,000 child porn files will find out tomorrow (Sept. 24) whether or not he will be serving his sentence in prison or at home.
Terry Krock, 54, pleaded guilty to possession of child porn in November 2019 for offences committed between 2010 and 2017, but the matter was delayed several times due to the COVID-19 pandemic affecting court proceedings.
Crown counsel Dan Blumenkrans submitted a prison sentence of one year followed by three years of probation. While Krock’s defence counsel Bryan Fitzpatrick sought a conditional sentence order to be served over 18 to 24 months followed by three years of probation — which would allow him to serve his sentence outside of jail.
Blumenkrans told Justice Allison 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 Blumenkranz.
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 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.
He also argued that Krock does not pose a risk to the community, based on evidence provided by pre-sentence reports separately provided by two forensic psychologists, Dr. Anton Schweighofer and Dr. Matthew Burnett.
Fitzpatrick said, based on submissions provided by Schweighofer, that Krock had not used child sexual exploitation material for the two years leading up to his arrest, showing he can “self-regulate” even prior to the criminal process being initiated. Police files, however, stated he accessed the materials up until his arrest in 2017.
Krock’s living conditions leading up to his arrest were an “extreme bio-hazard,” Fitzpatrick told the court.
“Animal urine and feces, human excrement, garbage piled waist-high and other various items on the surfaces,” Fitzpatrick said. “Members (of the RCMP) had to use breath masks (during the execution of the search warrant) to protect themselves from inhalants.”
He said Krock’s hoarding tendencies, juxtaposed with claims he made to the U.K. woman, show that nothing like that would ever happen. “He hasn’t had anybody in his house in years.”
Krock’s hoarding also explains the mass of child porn files he had, Fitzpatrick said, again based on Schweighofer’s report.
“If you’re hoarding, what are you going to do? You’re going to hoard documents you may never look at again,” he said.
Krock had no criminal record prior to this offence.
Justice Beames is anticipated to give her sentencing decision on Thursday, Sept. 24.
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