Kentville man charged fol­low­ing search sen­tenced to jail time for pos­sess­ing child pornog­ra­phy

Valley Journal Advertiser - - NEWS - BY KIRK STARRATT KINGSCOUNTYNEWS.CA

A Kentville man will serve jail time af­ter plead­ing guilty to pos­ses­sion of child pornog­ra­phy and two pro­ba­tion of­fences.

Ni­cholas Michael Gavel, 30, changed his pleas to guilty in Fe­bru­ary to charges of pos­sess­ing child pornog­ra­phy and two counts of fail­ing to com­ply with pro­ba­tion con­di­tions. The mat­ters were ad­journed to al­low time for a pre-sen­tence re­port to be pre­pared and for sen­tenc­ing.

Gavel was present in Kentville provin­cial court for his sen­tenc­ing hear­ing Oct. 31. Judge Ronda Van Der Hoek sen­tenced Gavel to 12 months in cus­tody, to be fol­lowed by two years of re­port­ing pro­ba­tion, on the charge of pos­sess­ing child pornog­ra­phy.

The court im­posed a life­time Sex Of­fender In­for­ma­tion Reg­is­tra­tion Act (SOIRA) or­der against Gavel, granted a DNA or­der and im­posed a 10-year or­der against Gavel un­der Sec­tion 161 of the Crim­i­nal Code.

This or­der, to mir­ror a Sec­tion 161 or­der im­posed against Gavel in Oc­to­ber 2015, pre­vents him from at­tend­ing any pub­lic park or swim­ming area where un­der-aged per­sons are present or can rea­son­ably be ex­pected to be present, as well as day­care cen­tres, school­grounds, play­grounds and com­mu­nity cen­tres.

The or­der pre­vents Gavel from seek­ing, ob­tain­ing or con­tin­u­ing any em­ploy­ment – whether re­mu­ner­ated or not – or be­com­ing a vol­un­teer in a ca­pac­ity that in­volves be­ing in a po­si­tion of trust or au­thor­ity to­wards un­der­age peo­ple. The or­der also pre­vents Gavel from con­tact­ing or com­mu­ni­cat­ing with un­der­age peo­ple un­less un­der the su­per­vi­sion of an adult con­sid­ered ap­pro­pri­ate by the court.

Gavel was sen­tenced to three months in cus­tody to be fol­lowed by two years of re­port­ing pro­ba­tion, to be served con­cur­rently, on each of the two pro­ba­tion charges. The pro­ba­tion he will serve fol­low­ing his re­lease from cus­tody will in­clude a con­di­tion not to pos­sess elec­tronic de­vices ca­pa­ble of ac­cess­ing the in­ter­net, ex­cept for em­ploy­ment pur­poses.

The court also granted a for­fei­ture or­der for five items seized dur­ing the po­lice in­ves­ti­ga­tion, in­clud­ing a com­puter, a hard drive, two mem­ory cards and a USB thumb drive.

Gavel was charged af­ter the Kentville Po­lice Ser­vice in­ves­ti­gated a com­plaint about child pornog­ra­phy. Act­ing on a search war­rant on March 6, 2017, com­put­ers, thumb drives and other elec­tronic de­vices were seized from Gavel’s res­i­dence.

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