Jail for Port Dover man who uploaded child porn

A Port Dover man charged with possession of child pornography in 2021, was sentenced to 20 months in jail despite his health problems.

A lawyer for Timothy Sean Gulinski, 36, argued that his client’s severe ankylosing spondylitis, a form of inflammatory arthritis for which he gets intravenous treatments every six weeks, and a mild intellectual disability made him a good candidate for a community sentence where he would avoid actual jail.

“Mr. Gulinski argues a rare and exceptional circumstances for a community sentence,” said Justice Aubry Hilliard at a hearing earlier this spring.

“It is legal, but the Crown argues a community sentence should not be imposed and I agree.”

Hilliard said Gulinski’s medical scans, doctor’s appointments and IV therapy could be handled by the jail. She gave special recommendations in her sentence to ensure the treatments would not be missed.

And, she said, appeal courts have been clear that sentences for child pornography have been too low in the past and must increase.

Gulinski pleaded guilty to possession of child porn and acknowledged that he had uploaded 15 images to Kik, a social media platform known for trading child sexual abuse material.

He was arrested after the Ontario Provincial Police Child Sexual Exploitation Unit, digital forensics and Norfolk officers executed a search warrant at his Port Dover home in June, 2021.

The judge said the images and videos found in his possession ranged from “minimally intrusive to highly intrusive” and she expressed concern Gulinski told a psychotherapist that he believed it was a victimless crime as he would never actually touch a child.

“Much has been written about the harms done to children in the making of child pornography and how those harms are perpetrated by those who view it.”

The judge balanced that against the fact Gulinski has no record, a supportive family, an infant son with his fiance and has been analyzed to have a low risk to re-offend, especially with proper supports in place.

Along with his 20-month sentence, Hilliard ordered Gulinski to maintain a three-year probation period where he’s limited as to where he can go, who he can be around and how he can use a computer.

As well, for five years, Gulinski cannot be around schools, daycares, public parks or swimming areas without being supervised by someone approved by his probation officer.

He’ll be on the sexual offender’s list for 20 years.

Gulinski’s lawyer, Shawn Swarts, expressed concern about his client getting to medical appointments from jail so Hilliard noted several upcoming treatments, scans and doctor’s appointments on Gulinski’s warrant of committal to ensure they aren’t overlooked.

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