THUNDER BAY - A child pornography case from last year will enter its final stage, with a sentencing hearing scheduled for Oct. 19.
James Comuzzi, 56, was charged in January 2016 with possession and making available child pornography. The charge of making available child pornography was later dropped after he pleaded guilty to possession. It should be noted that the accused is not the well-known local business operator who has the same name.
In an Ontario Superior Court room on Monday, Crown prosecutor, Sean Doherty, requested a sentence of nine to 12 months in custody, as well as two years of probation. Comuzzi would also not be permitted at playgrounds, schools, daycare centres, swimming pools, or any location where people under the age of 16 are reasonably expected to be.
Doherty is also requesting that Comuzzi not be permitted to use the internet without supervision or work or volunteer with people under the age of 16 for life.
Comuzzi’s attorney, Neil McCartney, asked for a sentence of 90 days to be served intermittently, along with two years of probation. He also said not being able to access the internet or computers without supervision for life is not reasonable in today’s technology focused society.
The Crown alleges Comuzzi was discovered by an undercover Toronto Police officer entering an Internet “zoom room” identification number to access a site where child pornography was being broadcast. Following an investigation and a warrant executed on Comuzzi’s home, a total of 39 images of persons under the age of 18 that were sexual in nature were discovered on several electronic devices.
McCartney argued there were a number of aggravating factors in his requested sentence, including Comuzzi not having a criminal record, not being in possession of a large collection of images or material, and none of which were violent in nature, and claiming that Comuzzi committed the offence during a time of high stress and while intoxicated.
“The most key phrase in my submission is the material was being streamed by another user,” McCartney added.
According to Doherty, the number of images is irrelevant, because the content was being streamed online. He also argued that in many past cases the accused often do not have any past criminal records.
Doherty also disagreed with the defense’s request for an intermittent sentence, which would see Comuzzi spend his weekends in custody from Friday night to Monday morning.
“In my view, weekends just don’t cut it,” he said.
Justice M.L. Bode said he would need between 20 and 30 days to review the requests and hand down a sentence. A sentencing hearing has been scheduled for Oct. 19.
