A 22-year-old Penticton man, identified as L.H. to protect his identity, pleaded guilty to possessing nine images of children engaged in sexual activity, found on his cellphone from when he was a teenager.
During a day-long sentencing hearing, court learned that L.H. was a victim of childhood sexual abuse during his teenage years, a factor central to the sentencing considerations.
Crown attorney Ann Lerchs proposed a six-month conditional sentence with strict conditions, including house arrest, while defence counsel Garen Arnet-Zargarian argued for a conditional discharge, which would allow L.H. to avoid a criminal record if he complies with court conditions. Justice Lynett Jung reserved her decision, to be delivered within one to two weeks.
“There are a lot of mitigating factors in this case, as well as numerous aggravating factors,” Lerchs said. Possession of child pornography typically warrants jail, but exceptional circumstances exist here. She emphasized the harm to child victims, stating, “We can’t lose sight of the fact there are child victims. Child pornography has become a global cancer.”
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The investigation began when U.S. police alerted Penticton authorities about someone downloading illicit images. L.H. was arrested in February 2023, and his devices were seized.
Nine illegal images were found on his cellphone. Since his arrest, L.H. has complied with strict release conditions, continued full-time work, and reported no breaches.
Pre-sentence and psychiatric reports revealed L.H.’s difficult past. He suffered from depression, attempted suicide twice, and endured sexual abuse as a teenager. He admitted to accessing illegal images monthly over several months to cope with his trauma.
Lerchs described his “very difficult upbringing,” marked by isolation. Reports indicated L.H. is at low risk of reoffending and does not exhibit pedophilic tendencies.
Lerchs highlighted the aggravating factor of child victims, noting that demand for such material fuels its production. She proposed a six-month conditional sentence with house arrest, except for work and counselling, and restrictions: no alcohol or drugs, no volunteering with organizations involving children under 16, no attendance at parks or places where children gather, registration on a sex offender registry, and a DNA sample for the national crime registry.
“There has to be some meat to this sentence,” she said.
She requested many conditions extend up to 30 months post-sentence.
Arnet-Zargarian argued for a conditional discharge, citing the case’s exceptional nature. “This case is so unique, it’s almost unmatched in case law,” he said. “His life hasn’t been easy and that is an understatement.
L.H. faced bullying over his sexuality, leading to isolation, and was sexually assaulted by three adult men, including a stranger who forced him to view illicit images during the abuse.
“To his credit, his recovery has been remarkable,” Arnet-Zargarian said.
Since his arrest, L.H. has attended dozens of counselling sessions, showing commitment to rehabilitation. He repaired his relationship with his father, with whom he lives, and plans to move to Kelowna with his girlfriend to pursue a career as a heavy-duty mechanic.
His parents’ separation at age 11 and the death of his cousin at age 13 further impacted his mental health. In high school, abuse by three adult men led to two suicide attempts, including an overdose, causing him to drop out of Grade 12. He recently earned his high school diploma.
L.H.’s girlfriend of four years and her family have provided significant support. Arnet-Zargarian described L.H.’s “goodness” and desire to help others, arguing that mitigating factors—ongoing counselling, stable employment, a supportive relationship, and low reoffense risk—justify a conditional discharge.
“This is someone who is serious about rehabilitation,” he said. He noted L.H.’s self-help plan and argued against inclusion on a sex offender registry. “He’s taken remarkable steps to avoid ever having to be here (court) again,” he said.
When addressing the court, L.H. expressed remorse, stating, “I am committed to being an upstanding and contributing member of society.” He acknowledged the harm to child victims and pledged to continue counselling, which he found exceptionally helpful.
Justice Jung, after hearing the evidence, said she needed time to consider her decision, which she expects to deliver on a date to be set soon.
