Shuswap man won’t be jailed for possessing child pornography

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

Shuswap man won’t be jailed for possessing child pornography

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

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A sign indicating a COVID-19 testing site is displayed inside a parking garage in West Nyack, N.Y., Monday, Nov. 30, 2020. The site was only open to students and staff of Rockland County schools in an effort to test enough people to keep the schools open for in-person learning. (AP Photo/Seth Wenig)
4 more deaths, 54 new cases of COVID-19 in Interior Health

This brings the total to 66 deaths in the region

11 more cases of COVID-19 have been linked to a cluster on Big White Mountain. Pictured above is TELUS park at Big White Ski Resort, Jan. 26. (Big White Ski Resort)
11 more cases of COVID-19 linked to Big White cluster

This brings the total case count to 225, according to health authorities in a Tuesday update

Okanagan Clinical Trials is looking at gut bacteria as a way of slowing down the development of Alzheimer’s. (Alzheimer Society of B.C. photo)
Okanagan study looking for volunteers of people diagnosed with Alzheimer’s

The study is looking at how gut bacteria may help slow the disease

Kevin Lee Barrett pleaded guilty to the aggravated assault of his mother Eleanor Holmes on Tuesday, Jan. 26. (File)
UPDATE: West Kelowna man who beat his mom could be sentenced up to 9 years

Kevin Barrett entered a surprise guilty plea to the lesser charge of aggravated assault on Tuesday morning

A bus at downtown Kelowna’s Queensway Transit Exchange. (Michael Rodriguez - Capital News)
Kelowna transit system poised for recovery: transit manager

2021 numbers already show ridership levels at or higher than the projected recovery

Dr. Penny Ballem, a former deputy health minister, discusses her role in leading B.C.’s COVID-19 vaccination program, at the B.C. legislature, Jan. 22, 2021. (B.C. government)
B.C. holds steady with 407 new COVID-19 cases Tuesday

14 deaths, no new outbreaks in the health care system

Interior Health reported two more COVID-19 deaths at Sunnybank Retirement Center in Oliver Tuesday, Jan. 26, 2021. (File photo)
COVID-19 claims lives of two more South Okanagan care home residents

Five residents of the Oliver care home have died since the outbreak was first declared

Vernon now has an approved 13 cannabis shops in town. (Jennifer Smith - Morning Star)
Vernon, the ‘Pot capital of B.C.’ greenlights two new stores downtown

Two more shops, within 240 metres, approved, despite neighbouring businesses opposition

Jonathon Muzychka and Dean Reber are wanted on Canada-wide warrants. (Courtesy of Victoria Police Department)
Convicted killer, robber at large after failing to return to facility: Victoria police

Dean Reber, 60, and Jonathon Muzychka, 43, may be together

Oliver Elementary School
Former Oliver PAC treasurer charged with fraud returns to court

Belinda Yorke will be in court to fix a date for trial in February

Two fibreglass bees were stolen from Vernon’s Planet Bee Honey Farm Nov. 22, 2020. (Facebook)
Stolen bee returned to Vernon honey farm

Two months after thieves buzzed off with two bee sculptures, public tips led police one of them

B.C. Premier John Horgan listens during a postelection news conference in Vancouver on Sunday, Oct. 25, 2020. THE CANADIAN PRESS/Darryl Dyck
30% of B.C. recovery benefit applications held up in manual review

The province says 150 staff have been reassigned to help with manually reviewing applications

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Adam Dergazarian, bottom center, pays his respect for Kobe Bryant and his daughter, Gianna, in front of a mural painted by artist Louie Sloe Palsino, Tuesday, Jan. 26, 2021, in Los Angeles. (AP Photo/Jae C. Hong)
Kobe Bryant’s presence remains strong a year after his death

Tuesday marks the grim anniversary of the crash that took their lives

Most Read