45-year-old Keith Minard Gates of Nanaimo was sentenced to 10 months in prison for possessing child pornography. (Ian Holmes/NanaimoNewsNOW)

By Ian Holmes

jail sentence

Nanaimo sex offender unsuccessfully argues to be kept out of jail

Mar 23, 2021 | 5:27 AM

NANAIMO — A man who told a judge going to jail would negatively impact his life was sentenced to 10 months behind bars.

Keith Minard Gates, 45, was convicted of one count of possessing child pornography last October and sentenced on Monday March, 22 in Nanaimo by BC Supreme Court Justice Douglas Thompson.

Gates briefly addressed court prior to learning his punishment.

“I feel that an incarceration in my case would negatively impact my life I believe and that’s quite all, thank you,” Gates said.

Eighteen months probation and numerous other conditions tailored for sex offenders now apply to Gates, a father of two.

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Gates was arrested at his Nanaimo home in October 2017. A subsequent search of his cell phone and a USB drive uncovered 70 pictures considered child pornography.

The disturbing material included men sexually abusing girls as young as two-years-old.

Court was told mandatory one-year sentences to offenders who possess child porn have been struck down in BC Supreme Court.

The Crown had hoped for a year to 18 months behind bars, while the defence requested 10 months in jail.

The jail range for offences similar to Gates’ is six to 15 months, court was told.

While Gates not having a prior criminal record was a mitigating factor, Crown prosecutor Brett Webber reinforced Gates won’t own up for his behaviour.

“The accused does not accept responsibility, hence perhaps a longer jail time and probation may be in order your lordship.”

Court was told the offender hasn’t seen his two children since he was arrested.

No pre sentence reports were ordered for Gates, who his lawyer said is diagnosed with anxiety and depression.

Court was told Gates intends to run his own pest control business upon his release.

Justice Thompson recommended Gates serve his sentence at Ford Mountain Correctional Centre in Chilliwack, home to numerous sex offenders receiving targeted programming.

Gates will appear on the National Sex Offender Registry for 20 years, which is accessible by every police department in the country to keep closer tabs on all registered sex offenders.

Gates was ordered to stay away from children who appear to be under the age of 16 for five years and will also have restricted internet access during that time.

ian@nanaimonewsnow.com

On Twitter: @NanaimoNewsNOW