Former soldier gets four months in jail for child porn offence

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This article was published 31/10/2017 (3152 days ago), so information in it may no longer be current.

A former captain with the Canadian Armed Forces who admitted to a history of downloading and viewing child pornography was sentenced to four months in jail on Monday.

Andrew Hayman, 30, pleaded guilty to accessing child pornography in Brandon provincial court.

The Canadian Forces National Investigation Service (CFNIS) launched an investigation in March of 2016, after Hayman — who had applied to be an RCMP officer — admitted during the interview process he had watched and masturbated to child pornography, and was seeking counselling to curb his behaviour.

Hayman never saved the content or acted on his impulses, he said.

“This is a very unusual case,” said Crown attorney Rich Lonstrup. “We are in a spot where we can’t say how much of or what types of material was downloaded, and the reason for that is the accused had the means to wipe his hard drive and cover up the proverbial footprint here … but he has admitted to downloading child pornography for 10 years prior to his arrest, so from 2006 to 2016.”

On Sept. 19, 2016, CFNIS arrested Hayman at CFB Shilo and executed a search warrant at his home, confiscating his desktop computer, Lonstrup said.

Investigators found 19 images of concern on the hard drive, which they narrowed down to four images proven to be child pornography.

The images varied in severity, some showing young girls dressed as anime characters in suggestive positions, while others showed girls — approximately nine or 10 years old — performing oral sex or involved in vaginal intercourse.

The web history on the computer also showed multiple adult websites being searched using younger-themed search terms.

Investigators also found multiple programs on the computer used to permanently delete files.

Upon his arrest, Hayman told the CFNIS he had been viewing child pornography as recently as the day before his arrest, Lonstrup said.

“The courts have been unequivocal about child pornography … the focus of sentencing is on deterrence and denunciation,” Lonstrup said. “The supply, which is children being abused and exploited, is happening because of the demand, which is the people downloading and viewing it. If you want to stop the supply, you have to attack the demand.”

Lonstrup added the content found in Hayman’s possession is especially aggravating — being the actual sexual penetration of children as opposed to provocative posing of some sort.

Defence lawyer Bob Harrison said Hayman’s life has been drastically altered by the consequences of his actions, including losing his employment with the Canadian Armed Forces and, in turn, his income.

Hayman should also be given credit for his guilty plea and his co-operation with RCMP and CFNIS during the investigation, Harrison added.

“He’s lost a lot here … he went for an interview with RCMP, and he was trying to be completely honest with them … and of course, that honesty has cost him an incredible amount,” Harrison said. “The stigma with this type of charge is like no other … going forward things are going to be a lot tougher as well.”

Hayman has also made arrangements for sexual counselling in Calgary upon his release, Harrison added.

“It’s concerning that after speaking to the RCMP, (Hayman) continued to offend for a period of four or five months … that demonstrates a lack of control or a lack of insight or remorse,” Judge Donovan Dvorak said. “Any access to child porn is abhorrent.”

In addition to four months in custody, Hayman was sentenced to two years of supervised probation following his release and must register and abide by the Sex Offender Information Registration Act.

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