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

UPDATE: Police determine no emergency in Friday’s mystery radio appeal for help

Police had asked for help following mysterious signals from somewhere between Comox and Sayward

Port Hardy RCMP request assistance in tracking down shoplifter

The RCMP are requesting the public’s assistance identifying the female.

More sailings coming to 10 BC Ferries’ routes

Transportation Minister Claire Trevena said the sailings were originally cut in 2014

Grieg Seafood awarded for employee wellness initiatives at BC Agri-Food Industry Gala

Grieg Seafood BC’s employee wellness initiatives were recognized at the BC Agri-Food… Continue reading

District of Port Hardy accepts $295,750 bid to replace Don Cruickshank Memorial Arena’s chiller

Council accepted a $295,750 bid by a refrigeration contractor to replace the arena’s chiller.

Indigenous leaders, politicians say Trans Mountain report flawed

The National Energy Board has endorsed an expansion of the Trans Mountain pipeline a second time

Have you heard the legend of Shuswaggi, the Shuswap Lake monster?

Witness accounts as old as 1904, and as recent as 2018, place a creature in the lake’s depths

Credit card fraud steals $50,000 from Victoria businesses: police

Crime Reduction Unit investigating several frauds costing several businesses over $50,000

UPDATE: B.C. ticket holder winner of $25.9-million Lotto Max jackpot

Next draw set for Mar. 1 with an estimated jackpot of $10 million

B.C.-based ‘Team Tardi’ brings home gold in junior curling worlds

In a 9-4 victory over Switzerland, a Langley-based curling team earned its 2nd straight world title

People gather for funeral of seven children killed in fast-moving Halifax fire

Traditional portion of the service will be followed by words from community members

B.C. weavers to help Alaska Native project honouring survivors of violence

Dozens of Chilkat and Ravenstail weavers from all over North America will be weaving 5-inch-by-5-inch squares

B.C. skip Sarah Wark and team eliminated at Scotties Tournament of Hearts

Nontheless pretty impressive stuff from the 24th-ranked team in the country

Pope’s sex abuse prevention summit explained

It’s A high-stakes meeting designed to impress on Catholic bishops the global problem

Most Read