Kelowna Law Courts. (Michael Rodriguez - Capital News)

Kelowna man jailed 9 months for possessing up to 12,000 child porn files

Terry Krock also given three year probation, will register as sex offender

A Kelowna man will spend nine months behind bars for possession of child porn that prosecutors said “traversed the spectrum of depravity.”

Terry Krock, 54, pleaded guilty in November 2019 to having up to 12,699 files on his computer containing child porn, a collection he amassed over a more-than-seven-year period between 2010 and 2017.

The B.C. Integrated Child Exploitation Unit became aware of Krock’s activities in July 2016 after he uploaded a suspected child pornography image to a website it was monitoring. The unit traced the IP address to Kelowna and filed a report to the local RCMP. The RCMP’s investigation revealed that the IP address was associated with Krock. Eleven months after it was initially reported to them, officers obtained and executed a search warrant on Krock’s residence on June 17, 2017.

On Thursday, Oct. 8, BC Supreme Court Justice Allison Beames delivered her sentence to Krock, ordering a nine-month incarceration followed by three years of probation. Krock will also spend the next 20 years on the sex offender registry.

Incarceration was the main debate between lawyers on both sides of the matter. Crown counsel Dan Blumenkrans was seeking a one-year sentence while Krock’s attorney, Bryan Fitzpatrick, sought an 18- to 24-month conditional sentence order. The three-year probation was suggested as a joint submission by both Crown and defence.

READ MORE: Princeton RCMP shut down main street as man protests Canada flag

READ MORE: Kelowna man’s child porn collection ‘traversed the spectrum of depravity,’ court hears

A conditional sentence order would’ve allowed Krock to serve his sentence under house arrest and avoid prison altogether, allowing him to keep his job. However, at the beginning of court proceedings on Thursday, Fitzpatrick revealed Krock had lost his job following local media reports on sentencing proceedings in September.

Beames ended up imposing a jail sentence on Krock — although one three-months shorter than was proposed by the Crown.

“I am simply unable to conclude — given the seriousness of this offence, including the duration of the offence, the volume of the images and the extreme nature of at least some of the acts depicted — that a conditional sentence order, even at the upper range would meet either of the objectives of general deterrence or denunciation,” said Beames.

In the sentencing, which took place over four separate days throughout September and October, Blumenkrans spoke of the disturbing content found in Krock’s possession, including that his collection which spanned children from one through 17 years old.

But Fitzpatrick told the court of Krock’s past circumstances, including a car crash that led to a mild neurocognitive disorder, which he said submitted likely contributed to Krock turning to child porn. Krock also suffers from depression, anxiety and exhibits “hoarding behaviour,” his lawyer said.

“Animal urine and feces, human excrement, garbage piled waist-high and other various items on the surfaces,” Fitzpatrick told the court on Sept. 23 of the state of Krock’s home during the warrant. “Members (of the RCMP) had to use breath masks (during the execution of the search warrant) to protect themselves from inhalants.”

Pre-sentence reports compiled by two separate psychologists said Krock at a low risk to access child pornography again and one said he had an extremely low risk of ever committing a contact offence against a child.

“I’m very ashamed of my actions,” Krock told Beames on Sept. 24. “I’m extremely sorry for the harm that I’ve caused by my actions to children. I take full responsibility for my actions.”

Krock’s probation conditions are extensive, barring him from internet usage and prohibiting him from making contact with anybody under 16 and attending public places where people under 16 may be present.

Krock was escorted from the courtroom by a sheriff at the conclusion of proceedings on Thursday. As he was leaving, Justice Beames offered some well wishes.

“Good luck, Mr. Krock. I did take seriously your expression of remorse and I am satisfied you’re a low risk to re-offend and I hope I’m right.”

Do you have something to add to this story, or something else we should report on? Email: michael.rodriguez@kelownacapnews.com


@michaelrdrguez
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