Photo: Nicholas Johansen

Terry Krock leaves Kelowna courts following his guilty plea in November 2019.

A Kelowna man will have to wait to learn if he will go to prison for possession of child porn.

A three-day sentencing hearing for Terry Krock, 54, concluded Thursday in Kelowna with the judge reserving sentencing until October 8.

Krock appeared in Kelowna courts this week for sentencing related to his possession of between 7,000 and 12,000 pornographic images and videos of children.

He pleaded guilty in November 2019 to the charge spanning seven years between 2010 and 2017 and involves children ranging in age from one years old to 17 years old. 

Although the final sentencing decision in Krock's case was expected on Thursday, Justice Alison Beames decided she required more time to consider the case.

Defence counsel Brian Fitzpatrick completed his submission Thursday, asking Justice Beames to grant Krock a conditional sentence order of up to 24 months in the community, in addition to the three-year probation period which defence and Crown submitted as a joint, agreed-upon request. 

Fitzpatrick says there are "exceptional circumstances" at play which would justify the imposition of a non-custodial sentence, namely his neuro-cognitive disorder and need to maintain stable employment. 

He also asserts that, based on psychological reports completed as part of the court case, Krock does not pose a significant risk to children in the community. 

“The extent to which the offender is seen as a danger to children, in my respectful submission Dr. Schweighofer and Dr. Burnett answered that question - that there is very low risk that Mr Krock will commit a contact offence against a child," Fitzpatrick told the court.

Justice Beames jumped in to clarify that there is at least some level of risk that Krock poses to children, based on the nature of the offence. 

"Of course, accessing and possessing child pornography does represent harm to children, and so his risk of reoffending and recidivism with respect to child pornography - it’s still low, but it’s not very, very low," she says.

However, according to Crown counsel Dan Blumenkrans, there are no exceptional circumstances present in Krock's case to justify a non-jail sentence.

He also noted the absence of voluntary treatment or therapy post-offending and pre-sentencing - an aspect that was present in other cases referred to by Fitzpatrick in support of exceptional circumstances. 

Krock then addressed the court with a short statement. 

"I am saddened and disappointed in myself. I’m very ashamed of my actions and I’m extremely sorry for the harm that I’ve caused by my actions to children, and I take full responsibility for my actions."

On Wednesday, Blumenkrans requested Justice Beames impose a 12 month jail sentence on Krock, as well as a three year probation order and other orders to minimize his contact with children.

He described the nature of the materials in Krock's possession as "traversing the spectrum of depravity," and said that some of the documented conversations exhibit a high level of engagement and detail.

"Mr Krock is acutely aware of the wide breadth in which children can be abused - the way that they are abused in fact in child pornography. That’s reflected in the reference to different types of sexual activities that they can and cannot be engaged in, and I say cannot, because it’s acknowledged in purely physiological limitations, and that’s, in my submission, a chilling element of this."

The final sentencing decision will be made by Justice Beames on Thursday, Oct. 8 in Kelowna courts. 

Krock remains out of custody on bail.