Man who sent intimate phone photo to woman’s son has 3-year jail term upheld
TORONTO — A man who secretly downloaded intimate pictures from a woman’s cellphone, threatened to pass them around, and sent one of the images to her son had his three-year prison term upheld on Monday even though the prosecution and defence had proposed a much lower sentence.
In dismissing a sentencing challenge by Daniel Myles, the Ontario Court of Appeal sided with a lower court judge in Hamilton who rejected the joint punishment submission last year.
“Three years was within the range that this court has identified for serial harassers,” the Appeal Court said. “It was reasonable for the trial judge to emphasize specific deterrence, public denunciation and separation from society, and to conclude that a penitentiary term was required.”
Court documents show Myles pleaded guilty before Judge Timothy Culver to criminal harassment for downloading the contents of his victim’s cellphone onto his computer and threatening to send the intimate images to her friends, co-workers and son. Myles did follow through on his threats by sending photos of the woman’s genitals to her son, the documents said.