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Former Chilliwack teacher sentenced for child porn distribution

Chilliwack courthouse. - File
Chilliwack courthouse.
— image credit: File

A former Chilliwack elementary school teacher has been sentenced to two-and-a-half years in jail for possession and distribution of child pornography.

John Patrick Davy did not respond in Chilliwack Court Tuesday as Judge Roger Cutler handed down the sentence.

Cutler said that while there was no legal breach of trust in that Davy, a Grade 6 teacher at Greendale elementary school, was found with more than 27,000 digital child pornography images and 866 videos, his role as an educator made the case particularly disturbing.

"There can be no doubt that his position as a teacher is regarded as an aggravating factor," Cutler said.

The judge said the "great paradox" of the case, and something that defied comprehension, was how a man with a "stellar reputation" as a teacher and who had made considerable contributions could simultaneously be downloading and trading image and videos of children as young as infant being sexually abused.

"This ultimately self-ruinous conduct is perplexing to all of those concerned with this case including the defendant," Cutler told the court.

Cutler sentenced Davy to 26 months in jail for distribution of child pornography, 24 months to be served concurrently for possession of child pornography and an additional four months to be served consecutively for a breach of undertaking charge.

The breach relates to after Davy was arrested in May of 2013 for the child porn charges, he was then found in Kelowna in September with a computer that had more than 1,000 child porn images.

The 30-month sentence will be reduced by the 286 days Davy has already served in custody.

As well, Cutler handed down a three-month probation order with strict conditions that include: not having computers or devices that can access the Internet; not accessing the Internet except to look for work; and staying away from parks, pools and playgrounds or other places children under 18 might be.

Davy will also have to provide a DNA sample and will be added to the national sex offender registry.

Beyond the probationary period, Cutler also ordered a 10-year ban on Davy attending parks, playgrounds and pools. The judge said that while there is no evidence Davy has ever acted out his fantasies with children, the community needs to be protected.

"The court must guard against the accused's fantasies becoming a reality until such time as the accused is treated," he said.

Davy's lawyer asked for a sentence of 12 to 18 months in custody including time served.

Judge Cutler stated that Davy had never acted out on his child sexual fantasies. And Davy's lawyer similarly asserted during sentencing submissions on June 6 that despite teaching for 16 years, he had "never" had anyone come forward with an accusation of being touched.

But in 2009, three female Grade 6 students at Greendale elementary did indeed complain about being touched by Davy.

The case was never forwarded to the RCMP for investigation because school district rejected the student's complaints after an internal investigation.

The mother of one of the girls who alleged Davy touched her told the Times she was threatened by the school district with legal action if she spoke out.

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