KENTVILLE, NS - 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 on 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.
