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A reddit user ( https://www.reddit.com/r/news/comments/1v6ehm6/comment/ozrmz... ) shared this link to the sentencing decision https://canlii.ca/t/k2frf Some interesting bits I found in it: > The police also retrieved one voicemail message from CH’s iPhone that was sent to her by “Jay,” with a timestamp of December 13, 2018, at 7:40:54 PM (UTC-6), which was played in court. So it sounds like they played audio of the actual perpetrator's voice in court, and no one realized it was a completely different person. > In the final analysis, the key issue in the trial was whether the Crown had established, beyond a reasonable doubt, that Mr. Brandon Klayme was, in fact, “Jay” and that he was the person who had sent her the sexually explicit text messages and had demanded and received sexually explicit photos and videos of CH, who was at the time that those images were exchanged, only 12 years old. Funny (sad?) that the judge literally says he established this "beyond a reasonable doubt". > The Court ultimately concluded on the basis of the totality of direct and circumstantial evidence accepted by the Court that the Crown had established, beyond a reasonable doubt, that Mr. Brandon Klayme was, at all material times, the person who identified himself as “Jay” and furthermore that, he was the person with whom CH had been communicating over several weeks in sexually explicit messaging and that he had demanded that CH send sexually explicit photos and videos of her, being a 12-year-old girl, to him. The Crown’s direct and circumstantial evidence included numerous references to the IP addresses and other information for accounts such as Google+, Google, Kik which referred to different usernames, like ““Jay” with their subscriber contact being listed as Mr. Brandon Klayme. I barely know anything about law, but all of this sounds like "circumstantial" evidence, not direct? > The Court received a Pre-Sentence Report (PSR) prepared by the Probation Officer on July 21, 2023, which indicated that Mr. Klayme, is now 28 years old, single and continues to live at home at his parent’s house. The PSR notes that Mr. Brandon Klayme has a very close relationship with his parents and siblings, is not currently involved in a relationship and also reported that he has never been in one. > The PSR notes that Mr. Klayme completed grade 12 in 2013, but he advised the Probation Officer that he did not care about school and often was in trouble for not paying attention in class. He has not continued his education, but in terms of future education goals, Mr. Klayme indicated that, in the future, he would like to take a program in sound engineering. Mr. Klayme is presently unemployed, and his employment experience was with the family business and working with his father after graduating from grade 12. He has been unemployed since the family business was sold over one year ago. As a result, he is financially dependent on his parents. > Mr. Klayme reported that he has good health and that he had been diagnosed with ADHD as a child but took prescription medication to address those issues. He does not use any intoxicating substances but may have a drink on a few special occasions each year. He described himself as being a “very calm person” and has never attended any form of counselling. > The Probation Officer noted that, during her interview with Mr. Klayme, he presented as being polite, respectful, and cooperative, but took no responsibility and maintained that he was innocent and repeatedly cited that his “email account had been hacked.” > With respect to those comments in the PSR, at the conclusion of the sentencing submissions, the Court offered Mr. Klayme the opportunity to make any comments directly to the Court or for that matter, any comments directed towards CH or LS, who had remained on the videoconference throughout the hearing on December 18, 2023. Mr. Klayme stated that he was sorry to hear what had happened to CH and her family, but maintained, as he had stated to the Probation Officer, that they were occasioned by another person and not by him. So it would seem the defense's claim was "He must have been hacked, since he didnt do any of these things". Which, while wrong (He wasn't hacked, they just mixed up two different accounts), I don't see how they could argue that he wasn't hacked? Like, if we assume in a different case that a person was indeed hacked, and a third party got access to their "kik" account. Would it not be a very similar situation? |