Editor’s note: This story includes testimony about child sexual abuse that readers may find disturbing.
A Sudbury man charged with several counts related to child sexual abuse materials was released with time served in Sudbury Superior Court on March 5, after his pre-sentence custody translated to his sentence.
James McGuire, 41, was not only in the possession of child sexual abuse material, but attempted to arrange with two local mothers the opportunity to sexually abuse two young children. He pleaded guilty on Oct. 29. You can find that story here.
McGuire has been in custody since March 7, 2021, which equals 1,460 days in custody. Because of the poor conditions at the Sudbury District Jail, each actual day in custody counts as 1.5 days; that translates to 2,190 days, or six years.
And that is exactly what McGuire was sentenced to, six years. Based on his March 7 arrest date, that meant he was released to the custody of his mother, who was present in court, shortly after court adjourned. McGuire will be living with her in another Northern Ontario town.
Though there were 14 counts on the indictment — including further counts of accessing child pornography, possessing child pornography — charges of bestiality and compelling the commission of bestiality were dropped in exchange for James McGuire, 39, pleading guilty in Superior Court to:
- possession of child pornography from May 2, 2019, to Feb. 27, 2021;
- making child pornography from Oct. 1, 2020, to March 7, 2021;
- communicating for the purpose of making arrangements involving minors from Sept. 11, 2019, to Feb. 21, 2021; and
- making child pornography from Sept. 11, 2019, to Feb. 21, 2021.
After sentencing submission by McGuire’s attorney, George Fournier, and assistant Crown attorney Matthew Caputo, Superior Court Justice Robbie Gordon told the court, "it's not often I’m somewhat at a loss for words, but the facts and circumstances surrounding the offences are horrific, disgusting and sickening.
“What’s concerning to me, in addition to the full facts of the case, is that the statements that you made in the pre-sentence report indicate that you don’t really have an appreciation for what you’ve done,” said Gordon.
When asked if his appreciation for the gravity of his crimes had changed since the pre-sentence report was created last fall, McGuire stood and replied, “Yes, your honour.”
Fournier detailed the pre-sentence report for the court, created to inform the judge about any mitigating factors in McGuire's life, stating that he had “an unremarkable childhood.”
Though he does not have a strong relationship with his father, the report noted, McGuire is close with his mother. Fournier told the court his client considers himself a “loner,” and began using alcohol at a young age; he said McGuire’s alcohol consumption “played a role in these events.”
In addition to ordering three years probation, “which is as long as we can,” said the judge, McGuire also faces orders requiring forfeiture of all his digital devices and a number of firearms that were seized upon his arrest.
He is required to submit his DNA to the official databank and must register as a sexual offender for life. McGuire must also avoid any areas where children under 16 are likely to be, and can only have approved access to the internet.
He has a no-communication order with the women involved in the case (whose names can’t be revealed to protect the identity of the victims). It is unknown if either of the women have been charged in relation to the case, nor is it known if the children remain in the custody of their mothers, who conspired to let them be abused.
In agreeing to the recommendations, albeit reluctantly, Gordon said both lawyers were “experienced” counsel and have “access to information on this case that I do not (as it was presented in an agreed statement of facts).”
“It’s on the very low end of the range, but certainly in the range,” he said.
He then spoke directly to McGuire.
“I want to enforce on you the importance of participating in this counselling with an open mind to bettering yourself, because without it, you are going to find yourself in jail for many more years,” said Gordon,” you’re going to do untold harm to innocent children, defenceless children who aren’t capable of consent.
“I seriously wonder where you’ll be a few years from now,” said Gordon. “If anything like this happens again, you’re going to do 10 years and up. There’s no coming back.”
Maguire no longer lives in Greater Sudbury. He now resides in Kirkland Lake.
Jenny Lamothe covers vulnerable and marginalized populations, as well as housing issues and the justice system for Sudbury.com.