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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Provincial COVID-19 data can now be used for B.C. to prepare for a second wave

In the past week, B.C. has seen a slight spike in daily test-positive case counts

Big Beach parties spark concern in Ucluelet

“You find needles, left over party debris, bottles and still burning fires.”

Ucluelet’s Terrace Beach Resort is for sale

The commercial offering of 21 suites and cabins was recently listed for $4,495,000

Young tourist caught untying boats from Ucluelet dock

“He was just untying the boats and watching them float away,” said Harbour Master Kevin Cortes.

Feds announce $8.3M to deal with ‘ghost’ fishing gear in B.C. waters

Ghost gear accounts for up to 70 per cent of all macro-plastics in the ocean by weight

QUIZ: Are you ready for a summer road trip?

How much do you really know about roads, motor vehicles and car culture? Take this quiz to find out.

B.C. Ferries increasing passenger capacity after COVID-19 restrictions

Transport Canada 50-per-cent limit being phased out, no current plans to provide masks

Shellfish industry get funds to clean up at Island sites and beyond

Businesses can apply to cover half of costs to clean up so-called ‘ghost gear’

Amber Alert for two Quebec girls cancelled after bodies found

Romy Carpentier, 6, Norah Carpentier, 11, and their father, Martin Carpentier, missing since Wednesday

B.C. man prepares to be first to receive double-hand transplant in Canada

After the surgery, transplant patients face a long recovery

Grocers appear before MPs to explain decision to cut pandemic pay

Executives from three of Canada’s largest grocery chains have defended their decision to end temporary wage increases

Bringing support to Indigenous students and communities, while fulfilling a dream

Mitacs is a nonprofit organization that operates research and training programs

RCMP ‘disappointed’ by talk that race a factor in quiet Rideau Hall arrest

Corey Hurren, who is from Manitoba, is facing 22 charges

NHL’s Canadian hubs offer little economic benefit, but morale boost is valuable: experts

Games are slated to start Aug. 1 with six Canadian teams qualifying for the 24-team resumption of play

Most Read