Credits: QMI AGENCY
Derek Thomas Milbocker, 25, of Macomb Township, pled guilty Thursday in Sarnia, ON court to attempting to smuggle child pornography in Canada, possession of child pornography, and unlawfully importing child pornography March 4 at the Blue Water Bridge border crossing.
Milbocker told a Canada Border Services Agency officer he was heading to Toronto to visit a woman he'd met on the Internet. A vehicle search revealed a pair of handcuffs and eight images of child pornography on a laptop computer.
One of the images depicted a pre-teen girl performing oral sex.
Milbocker told an officer he wouldn't engage in any activity that would harm a child.
But federal prosecutor Michael Robb noted the Supreme Court has ruled mere possession of child pornography causes harm.
A caption on one of the images noted it would cause some people to laugh, and others to vomit.
Milbocker told the court he had considered the images funny, or stupid, but in jail he had plenty of time to reflect on that.
"I would like to apologize. My actions were unspeakable," Milbocker said.
Justice Mark Hornblower said it's unfortunate Milbocker hadn't come to that conclusion earlier. The harm to children begins with the images being recorded and continues as they circulate for years and years, he said.
A joint submission from defence and Crown lawyers recommended the one-year minimum jail sentence. Milbocker had no record of similar offences.
The minimum was appropriate considering the number of images involved, said Hornblower.
The one-year jail time includes 221 days Milbocker had already served in pre-sentence custody, and will be followed by three years probation.
Upon completion of the jail time, Milbocker will be deported and can't return to Canada.
In Michigan, he will face similar charges because his home computer was seized by U.S. police following his arrest.
Milbocker has lost his job due to the amount of time spent in jail.
A lifetime order in Canada prohibits him from attending any place where children under 16 could be present. Milbocker will also be on the Canadian sex offender registry for life and he must give police a DNA sample.
While the orders only apply in Canada, they express the revulsion for anyone who would bring child pornography into Canada, said Hornblower.