Repeat offender jailed 31/2 years for collecting child porn

Secretly amassing a new child pornography collection while prohibited from using a computer from a previous conviction has landed an Airdrie man a 3½-year prison term.

Provincial court Judge Lloyd Robertson, in a written decision handed down Tuesday, said there were sufficient aggravating factors in the case to make defence counsel Kelsey Sitar's suggestion of a sentence of less than two years insufficient.

“The type of pornography is very concerning,” Robertson wrote.

“The collection includes videos and images of very young children. These children are in the process of being sexually assaulted and abused when the images and videos were created,” he said.

“The overall characteristics of the collection demonstrate the vile and depraved nature of the material that Tyndall sought out. The extreme youth and vulnerability of the victims further serve to aggravate the gravity of the offence.”

Robertson handed Tyndall a three-year sentence for possessing child pornography and an additional six months for using a computer to access the Internet while prohibited from doing so following an earlier conviction.

Tyndall, 50, was sentenced in 2015 to a total term of three years — 18 months each for possessing child pornography and attempting to lure a nineyear-old girl over the internet.

He has been ordered extradited to the United States to face a similar luring charge there, although Sitar has filed an appeal of that ruling to the Supreme Court. If convicted of that allegation as charged he would face a minimum 10-year sentence.

Robertson agreed with Sitar there were some mitigating circumstances to warrant a sentence less than the 4½ to five years being sought by Crown prosecutor Jenny Rees.

The judge noted Tyndall has shown insight into his offending behaviour and expressed a willingness to engage in sex-offender treatment.

At Sitar's request, Robertson recommended Tyndall serve his time at Bowden Institution, where he can have access to such treatment.