Ex-Hopedale RCMP officer faces at least a year in prison for child luring

Former RCMP officer Ian Kaulback brought his backpack into Happy Valley-Goose Bay provincial court as he was taken into custody for luring two girls, under the age of 16, for a sexual purpose by using a computer.

He was convicted on both counts of the crime earlier this year. On Wednesday afternoon, he heard the Crown and defence's recommendations to the judge for sentencing.

Jacob Barker/CBC
Jacob Barker/CBC

Evidence entered over the course of the trial showed that Kaulback used Facebook to communicate with the two girls and used aliases to re-establish contact with them when he was blocked.

Both complainants and a forensic computer specialist testified over the course of the trial. There was evidence that Kaulback encouraged the girls to send him sexual pictures of themselves, and in one chat offered to send one of the girls a picture of his genitals.

Kaulback pleaded not guilty to both counts and denied that it was him that had the conversations with the girls when he took the stand.

"It's not an aggravating factor to go to trial on the matter, but he does not avail of the mitigating factor of entering guilty pleas," said Crown attorneyTrina Simms.

1 year minimum

The crime of child luring carries with it a mandatory minimum sentence of one year.

Simms asked for 18 to 24 months in one case and 18 months in the second case. She asked for the terms to be served consecutively, despite the incidents occurring before it was required that courts impose consecutive sentences on offenders who commit sexual offences against more than one child.

"There are two very distinct transactions, and obviously two distinct victims who are on the receiving end of the criminal activity," Simms said. "There's really no motivation to have them served concurrent given that the contact with each victim happened at different times."

Jacob Barker/CBC
Jacob Barker/CBC

Defence Lawyer Jason Edwards said if it were not for the aggravating factor that Kaulback was an RCMP officer at the time of the offences, he would have been asking for the minimum sentence of one year on each count.

"The defence acknowledges that there has to be a higher sentence imposed because of the position of authority that he did hold," Edwards said. "He was a peace officer and as such he should be held to a higher standard."

Edwards asked for 12 to 16 months for each offence, and that the sentences to be served concurrently.

No contact

Simms also asked the judge to impose a 161 order which would restrict Kaulback from having contact with people under the age of 16 at work, home or in public. It would also order him to not have any contact with a child without the supervision of a person whom the court considers appropriate.

"My client's partner has two children, seven and ten," Edwards argued. "A 161 order under the circumstances would be unduly harsh."

CBC
CBC

Edwards also argued that the judge should take into account the amount of time Kaulback has been under conditions. The charges against Kaulback were stayed in 2017 because of the length of time it was taking to go to trial, but that was overturned on appeal.

"Mr. Kaulback has been on conditions for seven years," Edwards said. "There's no indications of any breaches or any problems. If you can look to decide what's going to happen in the future you need only look to [what's] happened in the past."

Judge Phyllis Harris said she will make her decision on Monday.

Read more from CBC Newfoundland and Labrador