In an unusual courtroom manoeuvre, a Kelowna man has been granted his wish to have his bail revoked so he can go to jail before even being sentenced.
David Gerald Smart changed his pleas Tuesday from not guilty to guilty on charges of making and possessing child pornography. The offenses carry a mandatory minimum jail sentence of six months.
By serving time before being sentenced, Smart will get 1.5 days credit for every day behind bars. That will reduce his incarceration by up to 50 percent.
In 2010, Smart was acquitted of sexually assaulting the daughter of his then girlfriend. Evidence at the trial revealed police found nude photos of the eight year old girl on Smart’s cell phone.
That discovery appears to be the basis for the new child porn convictions. Smart will be sentenced following the completion of a Pre-Sentence Report by a probation officer that includes a psychiatric evaluation.
The girl’s mother says she never suspected any wrongdoing by Smart. “No, he’s a very intelligent man, very manipulative, very convincing in his arguments.”
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