Pedophile Sex Offender John David Cornell sentenced to 2 years less a day
By Dan Zupansky
THUNDER BAY – John David Cornell, 51, a Thunder Bay resident was originally charged in April 2015 with possession of child pornography and making child pornography available after a raid by Thunder Bay Police on his East Mary residence. There they seized almost 3,000 videos and over 12,000 photos related to child pornography. Police in their investigation identified one of the victims and after speaking with her, Cornell was additionally charged with child sexual exploitation, sexual interference, criminal harassment and printing and publishing of child pornography relating to the victim when she was 11 years old. The victim, was 22 years old in 2016 testified at the Preliminary hearing, August 2016.
At the Preliminary hearing, it was determined that there was no actual criminal harassment as per definition and her recollection of the actual timeline of events was not definite. As a result there was a conclusion spoke of at sentencing that because of the witness’ inability to recall dates and times of events that she was of age of consent at the time of the incidents The age of consent in Canada was 14 years of age until the law was changed by the Conservative government in 2008. In a plea agreement reached between the Crown Prosecutor Rob Kozak and defence lawyer David Bruzzese the much more serious charges of criminal harassment, child sexual exploitation, as well as the printing and publishing of child pornography, were withdrawn and the charges of possession of child pornography, making child pornography available and sexual interference, Cornell was sentenced for in court today.
Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of fourteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and a mandatory one-year sentence. The guilty plea of sexual interference as defined means that the victim was under the age of 14 at the time of the sexual interference so it was confusing to hear at sentencing that the relationship was somehow considered by the courts as a consensual relationship due to the witness who during the Preliminary hearing seemed to not recollect specific dates related to the allegations, seemingly due to the effects of alcohol.
Judge Newton had the discretion to have the three charges run consecutively to each other-with mandatory minimum sentences of one year per offence sending Cornell to a federal prison such as Stony Mountain Penitentiary in Winnipeg. Instead, the Judge decided to have one of the charges run concurrently to the two other offences, sending Cornell to a correctional centre, likely in Thunder Bay.
The Prosecutor Rob Kozak had the ability to recommend Cornell be sentenced to more than the mandatory minimum sentence for each offence which he did not, and Judge Daniel Newton had the discretion to impose up to 10 years per offence. John David Cornell was sentenced to two years, less one day for possession of child pornography, making child porn available and sexual interference. Cornell will be eligible for parole in 8 months and will be able to be released after 16 months. He will be replaced on the sex offender registry for life and will face three years of probation once released.
Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of fourteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and a mandatory one-year sentence. The guilty plea of sexual interference as defined means that the victim was under the age of 14 at the time of the sexual interference so it was confusing to hear at sentencing that the relationship was somehow considered by the courts as a consensual relationship due to the witness who during the Preliminary hearing seemed to not recollect specific dates related to the allegations, seemingly due to the effects of alcohol.
Judge Newton had the discretion to have the three charges run consecutively to each other-with mandatory minimum sentences of one year per offence sending Cornell to a federal prison such as Stony Mountain Penitentiary in Winnipeg. Instead, the Judge decided to have one of the charges run concurrently to the two other offences, sending Cornell to a correctional centre, likely in Thunder Bay.
The Prosecutor Rob Kozak had the ability to recommend Cornell serve more than the mandatory minimum sentence for each offence which he did not, and Judge Daniel Newton had the discretion to impose up to 10 years per offence. Cornell will be eligible for parole in 8 months and will be able to be released after 16 months. He will be replaced on the sex offender registry for life and will face three years of probation once released.
Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of fourteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years and a mandatory one-year sentence.
