By James Peters

CHILD LURING

Crown appeals six-month sentence of Kamloops man who admitted to luring teenager

Jun 18, 2019 | 3:10 PM

KAMLOOPS — Crown counsel in Kamloops has appealed the six-month jail sentence of a man who admitted to luring a child over the internet.

Earlier this year, Justin McGowan was given the sentence after admitting to buying a teenage girl fast food and giving her money in exchange for nude photographs.

Crown prosecutor Frank Caputo argued today (June 18) that the sentence was not fit for the seriousness of the crime.

When the provincial court judge overseeing the case delivered his decision in March, the mandatory minimum sentence for a conviction of child luring was six months — but that’s since been struck down.

“This conduct, nonetheless, rises far above it,” Caputo said.

One Man's Opinion

COLLINS: The icon who is Taylor Swift

11h ago

Two and Out

PETERS: Business owners shouldn't be held responsible for nuisance calls

Nov 15, 2024

Looped In

LOOPED IN WITH NIKKI OMEN: November 14, 2024

Nov 15, 2024

Although the mandatory minimum was struck down, Caputo said the six-month sentence for McGowan didn’t address his moral culpability, denunciation or deterrence of the offence.

In September 2018, police received information that McGowan had paid a young, teenage girl he met on an app called “Whisper” for nude photographs. Court heard he had been drinking heavily and using cocaine for five days when the offence was committed, and couldn’t remember much of anything.

McGowan had responded to a Whisper post the girl had made, asking her for nude photographs. She told him no, and said she was 13 years old.

McGowan then asked if she wanted money in exchange for the photographs, and the girl responded that she just wanted fast food. He ordered some to her house, and later gave her cash as well by dropping it off inside a sweater to a park near her home.

He also invited her to his house.

“Six months is unfit because it does not reflect (McGowan’s) moral blameworthiness,” Caputo argued. “The moment he says, ‘Send me nudes,’ he has committed the crime of internet luring.

“He invited her to his house. What then? If that’s not a very real danger of internet luring then I don’t know what is.”

Caputo added that even after the girl said no, McGowan offered to pay her in exchange for the photographs, retrieved her address and invited her to his home — all of which are aggravating factors in the case.

“How does this sentence address denunciation and deterrence?” Caputo asked the court. “Why isn’t this sentence higher?

“How does a six-month sentence deter the public from seeking nude photographs from a 13-year-old?”

Caputo argued that although the fact that McGowan may specifically be deterred from re-offending, the sentence must be higher to send a message to any other potential offenders.

Defence lawyer Don Campbell said the sentence for McGowan was appropriate and fit, adding that the sentencing judge’s decision was reasoned and comprehensive.

He added that McGowan having his life dismantled in the public eye meets the requirement for general deterrence.

McGowan has been in custody since March, and if the Crown fails in its appeal, he’s due to be released in mid-July.

Marchand will be giving his decision on the appeal next week.