A Sooke man has been convicted of making and possessing child pornography and sexually touching a person under the age of 16.
Judge Lisa Mrozinski found Logan Sebastien Green guilty of all three offences Friday in Western Communities provincial court.
The identity of the victim and evidence that could identify the victim are protected by a publication ban.
A date for Green’s sentencing is expected to be set on March 26.
Parliament has established a mandatory minimum penalty of six months for making child pornography and a mandatory minimum sentence of 90 days for possession of child pornography. Sexual touching also has a mandatory minimum penalty of 90 days.
The charges arose on April 11, 2013, after Green was arrested in relation to a drug-trafficking investigation.
Images of child pornography were found on Green’s cellphone, which was found locked, on the dashboard on the driver’s side of his car.
Green had purchased the cellphone in February 2013 and had it with him most of the time, Mrozinski found. A man’s hand is seen in some of the photos that bear some similarities to Green’s hand, she noted.
“I find no basis that the images found their way into Mr. Green’s cellphone without his knowledge,” Mrozinski said.
“The chain of evidence, in my view, points inextricably to Mr. Green and reasonably to no other person,” she said.
“The images were on his phone, a phone he’d bought new, not much more than two months before the phone was seized.”
The only reasonable finding is that Green took the images found on his phone, Mrozinski said.
“The images were in his possession. The hand in the photos is his. The photographs meet the definition of child pornography,” she said.
