In his 12-page decision, Judge Harold J. Porter presents facts from the trial and also details the reasons for sentencing.
On May 23, 2014, the Combined Forces Special Enforcement Unit Newfoundland and Labrador (CFSEU-NL) Internet Child Exploitation (ICE) received a report from the National Child Exploitation Canadian Centre that a known child pornography image had been uploaded to IMGUR, an online photo sharing service on Dec 12, 2012.
The IP address used to upload the image was traced back to the Marystown Public Library located in Scared Heart Academy.
On May 26, 2014, an investigation conducted by Corp. Ann Noel revealed that the email address used to upload the image belonged to Ducey. On Dec 12, 2012, RCMP also responded to the report of a suspicious person hanging around the school doors. Police later identified that person to be Ducey, who advised officers he had just come from the Marystown Library, where he had been using the internet.
On June 17, 2014, Noel met with Ducey at the Marystown RCMP detachment. Ducey brought an iPod to the interview with him, and when he admitted to police it contained child pornography, he was arrested.
He also admitted to having files on his cellphone and a netbook. Police seize the devices.
A search of the devices revealed 2,595 images that met the legal definition of child pornography and 29 videos were discovered.
Counsel for the accused asked the court to take into consideration that Ducey waived his right to a trial, pleaded guilty, and also waived the preparation of a presentence report.
In his decision, Porter stated while it is true that the accused pleaded guilty and co-operated with the police during the investigation, it is also true the accused used the Marystown public library to upload child pornography. That is a distressing and aggravating factor on sentence, Porter said.
Ducey was sentenced to 480 days in prison minus time served at a rate of 1.5 to one for a total sentence of 406 days.
Following his release Ducey will serve a probation period of two years with a number of conditions in in place.