A Nanaimo man convicted of making child pornography has been denied the right to appeal his sentence, but can appeal certain conditions of his sentence. (BLACK PRESS file)

Nanaimo man convicted of child sex abuse can appeal conditions of his sentence

Sean James Athey is serving eight years for sexual touching of a child and child porn offences

A Nanaimo man convicted of sexual touching of a child has been denied the right to appeal his sentence, but can appeal certain conditions of his sentence.

The Court of Appeal for British Columbia ruled Tuesday that Sean James Athey, who is serving an eight-year sentence after pleading guilty to possession of child pornography, making or publishing child pornography and sexual touching of a person under 16, can appeal to have contact with his own children and use internet for work purposes.

Athey was sentenced June 17, 2016 to four and a half years plus time served for incidents that took place between Jan. 1, 2011 and March 26, 2014.

In his appeal, Athey, who is a member of the Heiltsuk First Nation, asserted that his aboriginal background hadn’t been considered by the judge when assessing moral culpability.

Appeal Court Justice Mary Newbury, in her judgment, wrote that the judge did consider those “factors and strove to give effect to them to the extent possible, but he found that the conduct of this offender, his moral blameworthiness … warranted a five-year sentence on the sexual abuse and three years on the production of child pornography.”

The Appeal Court ruled that Athey cannot appeal the sentence, but decided that he can appeal to have contact with his children, have internet access at a place of work during business hours, and reduce other conditions of his sentence from 20 years to 10.



editor@nanaimobulletin.com

Like us on Facebook and follow us on Twitter

Comments are closed

Just Posted

B.C. government invests $1.9 billion in community housing

14,000 mixed-income affordable units to be built with local housing providers, advocates

Complaint filed against B.C. naturopath who treated boy with rabid dog saliva

BC Naturopathic Association questions Dr. Anke Zimmermann’s conduct on recent treatments

Girls soccer team kicks off at Sooke school

Squad hits pitch for first time eight years

Manak calls Const. Ian Jordan fallen hero

Late Victoria cop mourned at funeral by officers from numerous local, out-of-town jurisdictions

North Saanich added to list of places that want tax exemption

District seeks meeting with Province about alternatives

Shania Twain visits Canadian Armed Forces base in B.C.

Canadian country icon thanks members of CFB Esquimalt for their service

Driving Change: A B.C. man’s charitable trip across Canada

A Kelowna man, his bus, and his mission for positive change across our country

Spring Home Show this weekend in Colwood

West Shore Parks and Recreation will be transformed to showcase everything home related

Case of teacher secretly filming teens reaches top court

Acquittal of teacher, Ryan Jarvis, who secretly videoed teens ‘dangerous,’ top court told

Why a 14-year-old will lead the charge at annual marijuana protest on the Hill

Marijuana enthusiasts have long been circling April 20 on their calendars as annual day of cannabis

B.C. communities await marine spill compensation years after incidents

The government maintains a Ship Source Oil Pollution Fund to compensate Canadians

RCMP say too early to know what happened in Broncos crash

RCMP Assistant Commissioner Curtis Zablocki said collission very complex

Conservative MP wants feds to close loophole for illegal border crossers

Immigration advocates call on government to suspend Canada-U.S. Safe Third Country Agreement

Alberta university criticized for honouring David Suzuki

University of Alberta plans to bestow environmentalist with honourary degree

Most Read