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

Malcolmson confirmed as NDP’s candidate for coming byelection

Former Nanaimo-Ladysmith MP acclaimed by New Democratic Party members

Station wagon crashes into supermarket in Nanaimo

No one hurt as car collides with new Quality Foods store in Harewood

B.C. Green Party members in Nanaimo vote yea for Ney

Michele Ney, daughter of former mayor Frank Ney, wins B.C. Green Party nomination

Would-be thieves strike Serious Coffee in Parksville

Shop’s front door smashed Saturday night, alarm scared off intruders

GoFundMe helps Nanaimo teen and her family battle a rare cancer

Michelle Reilly, 16, battling spinal cord cancer, seeking possible treatment in U.S.

Station wagon crashes into supermarket in Nanaimo

No one hurt as car collides with new Quality Foods store in Harewood

Microscopic parasite found in Prince Rupert water affecting thousands

More than 12,000 residents affected by the boil water advisory issued Dec. 14

Trudeau lashes out at Conservatives over migration “misinformation”

Warning against the “dangers of populism,” Trudeau says using immigration as a wedge political issue puts Canada’s future at risk.

B.C. hockey coach creates ‘gear library’ to remove cost barrier of sport

Todd Hickling gathered donations and used gear to remove the cost barrier for kids to play hockey.

Canada’s ambassador meets with second detainee in China

Global Affairs says John McCallum, Canada’s ambassador to China, met with Spavor Sunday

‘They’re coming:’ Flying cars may appear in urban skies by 2023

Air taxis will number 15,000 and become a global market worth $32 billion by 2035

B.C. VIEWS: Andrew Wilkinson on taxes, ICBC and union changes

Opposition leader sees unpredictable year ahead in 2019

5 tips for self-care, mental wellness this holiday season

Ministry of Mental Health and Addictions urging British Columbians to prioritize self care through festive season

Rescued B.C. cat with misshapen legs in need of forever home – with carpet

Mirielle was born with misshapen back legs and after a tough life on the streets, is looking for a forever home.

Most Read