Shuswap man won’t be jailed for possessing child pornography

Conditional sentence from Supreme Court includes house arrest curfew for six months

A 39-year-old Salmon Arm man will not face jail time after pleading guilty to possession of child pornography.

Nicolas Gerhardt Van Humbeck will instead be subject to a six-month conditional sentence as well as 24 months’ probation.

Justice Geoffrey Gomery sentenced Van Humbeck in B.C. Supreme Court in Salmon Arm on Nov. 18.

The charge stated that he was in possession of child pornography on or between Sept. 21, 2016 and June 6, 2017 in Salmon Arm.

A second charge of ‘transmitting, making available, distributing, selling, advertising, importing or exporting child pornography’ was stayed by the Crown.

For the first three months of the conditional sentence, Van Humbeck must remain inside his residence or on the lot of his residence, under house arrest, between the hours of 3 p.m. and 11 a.m. each day. For the last three months, he must remain at his residence between 11 p.m. and 6 a.m. daily.

Read more: Salmon Arm RCMP investigate child porn cases involving four or five suspects

Read more: Man pleads guilty to child pornography offences in Salmon Arm

Read more: Former Okanagan-based B.C. Dragoons leader pleads guilty to possession of child porn

He can be away from his residence during the curfew hours only with the written permission of his conditional sentence supervisor and only if he carries that written permission with him. He can also be away for employment and community service work with the permission of the supervisor.

He is not permitted to go to any public park, public swimming area, community centre, daycare centre, school ground or playground where young people under 18 years can be expected to go.

He cannot own, possess or use any device capable of accessing any computer network unless a person approved by his sentence supervisor is with him or if it’s during employment and the employer has read the court order.

Regarding computer use, his probation conditions, which are in addition to his sentence conditions, state: “Until you have completed sex offender treatment programming, you must not own, possess, or use any device capable of accessing any computer network including the Internet, except as permitted by this order.”

Van Humbeck must also provide a DNA sample and will be on the National Sex Offender Registry for 20 years.


@SalmonArm
marthawickett@saobserver.net

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