The boy who took the picture used to shame Rehtaeh Parsons was set free today and won’t spend a day in jail.

The accused, now 20, pleaded guilty in September to production of child pornography. He took a picture of Rehtaeh Parsons and his co-accused. Parsons was puking out a window while the other boy mugged for the camera and gave a thumbs-up sign. Despite admitting his guilt, he won’t go to jail and will have 12 months to meet certain conditions. If he meets them, he will receive a conditional discharge. He will not be put on probation.

Some will say this is a travesty of justice, but Glen Canning – Rehtaeh’s dad – said there won’t be justice until there are charges of sexual assault in the case.

The most telling moment of today’s sentencing came when Judge Greg Lenehan said the 20-year-old Eastern Shore man who took the picture should have known better and told him to consider what he would have wanted someone else to do if it was his sister being violated while she was puking out the window.

“The image you took is an example of the objectification of girls and women,” Lenehan said to him.

The accused shifted uncomfortably on the bench and looked nervous. Then muscles on his face twitched as he seemed to realize the cruelty of what he did.

Lenehan told him he “should never forget the promising, vibrant young life that was eventually destroyed by his choice to record an act of sexual degradation.”

“You did, in a few seconds, set in motion a series of events that led to a great deal of shame, humiliation, anger, despair, anguish, loss, hurt, and destruction for Ms. Parsons, her family, you, your family, and for the entire community.”

Lenehan told him the moment he captured on camera was “not a trophy moment, but that is certainly what it was portrayed as.”

In the era of cellphones when people seem to document everything, this was not a moment to be documented, the judge said.

Despite the tragic impact of the accused’s actions, Lenehan said he had to take into consideration the prime purpose of Canada’s Youth Criminal Justice Act, which emphasizes rehabilitation and reintegration into society. The accused, who was 17 at the time of the incident three years ago, has already shown signs of doing that.

“I accept that he is genuinely remorseful. I think he is quite sickened by the realization that his decision eventually led Rehtaeh Parsons to fall into the deep dark hole of despair from which she could not extricate herself. His actions led to a series of events that eventually drained her of her very essence.”

The accused has been suffering from anxiety and insomnia since the death of Rehtaeh Parsons in April 2013. Lenehan said the accused’s confession to police in August 2013 and his guilty plea on Sept. 22 are all factors that bode well for his rehabilitation. He has a full-time job, has not been in trouble with the law since the incident, nor was he ever in trouble with the law before that.

“This is a very difficult sentencing,” Lenehan said. “Nothing I can do can compensate for her tragic loss of life. There is no measure that could ever properly reflect her value.”

Despite the public calls for revenge, he stressed youth court is “not a court of retribution” and so gave the youth a conditional discharge while imposing some conditions. The accused must seek counselling for 12 months, provide a DNA sample, and write an apology to Rehtaeh Parsons’ parents.

“You are also required to locate and attend, successfully complete a course on sexual harassment,” Lenehan said. “It’s vitally important that you understand how you can interact and treat all females as you go forward.”

“I do not want to hamstring you. I do want to encourage you to become a productive member of society. I want you to be the type of young man that if you ever see somebody humiliating or treating a girl or a woman in any fashion that would call into question their dignity or worth, that you would not stand by and be an observer; that you would be the type of person that would say ‘This needs to stop’ and you would stop it.”

The other accused in this case will stand trial on distribution of child pornography charges on Nov. 24. His father was in court watching today’s proceedings.