Child pornography offences involving a substantial quantity of material across all COPINE categories, committed by a repeat offender, will ordinarily require a custodial sentence to be actually served, and rehabilitation progress alone will not ordinarily justify release on recognizance or suspension of imprisonment. However, the residual discretion on a Crown appeal may be exercised to dismiss the appeal where the respondent has completed rehabilitation treatment and significant time has passed since sentencing, such that imprisonment would cause disproportionate hardship.
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