‘Regret rather than remorse:’ judge jails Nanaimo based repeat sex offender

Judge Dwight Stewart noted Ross’ prior convictions should have deterred him from re-offending.

“I find that one ought to have gained some grave degree of insight into the nature of one’s actions given the prior convictions…his failure to control an identified criminal impulse started and then continued, such that there was an accumulation of a significant number of criminal images and videos.”

Judge Stewart also noted during a forensic evaluation of Ross by a psychologist, when speaking about his actions, he said, “It’s wrong, I know it’s not the right thing but I just couldn’t stop.”

The judge remarked despite Ross’ consent to treatments to correct his behavior, he did not make a significant effort to attend any prior to his most recent conviction.

“Had Mr. Ross’ relapse in the possession of child pornography been limited to a very brief period of time, to a very small quantity of such depictions on the very low end of severity in the nature of those images, and had the investigation revealed a degrees of self correction…such efforts might be considered exceptional circumstances…this is not what occurred here.”

Ross attended the Upper Island Sex Offender Program in Courtenay where he revealed in group therapy he experienced violence and sexual violence as a child.

Despite his progress in the program, the judge said his inability to control his impulses shows he requires a more severe method of reform.

“His abuse through possession of photographic images and video of sexually abused children mandates primary consideration of denunciation and deterrence. Serving his sentence in jail communicates to Mr. Ross the nature of his offending.”

During his conclusion, judge Stewart added a conditional sentence (non-custodial) would not properly punish Ross for his offending.

“Because Mr. Ross is retired, lives alone, and has few social connections, a sentence of house arrest would have little to no impact in correcting his behavior.”

Ross came to the attention of police in 2020 when Google analysts flagged several photos suspected to be child porn uploaded to his email.

A search was then conducted at Ross’ home, where RCMP found multiple devices containing nearly 1,900 different photos and videos depicting children, a minority of which included sadism and bestiality.

His collection involved more than 360 unique videos, which included more than 40 per cent involving adults sexually abusing children.

“More than a third of Mr. Ross’ child pornography was in the upper range of severity,” judge Stewart said.

At 35-years-old Ross was convicted of sexual assault in which he molested a 12-year-old.

Five years later he was charged with possessing child porn, for which he received a three month non-custodial sentence and three years probation.

When asked about his motivation behind the crime he told a psychologist: “I don’t know I guess it was my way of showing affection” and added the child played a role in the encounter, saying, “he was just an affectionate and loving kid.”

Ross, a retired longtime automotive mechanic in Nanaimo, sat silently in provincial court in Nanaimo during the judge’s decision.

His most recent crime is Ross’ first conviction involving jail time.

During probation he must provide his current address and phone number which cannot be changed without consent.

Ross is also required to adhere to orders specifically designed for sex offenders for the next decade.

The conditions prohibit Ross from seeking employment in a position of trust or authority over anyone 16 and under, accessing the internet or possession of devices with access to the internet, and going to any location where anyone under 16 is or could be expected to be present.

The Crown pushed for upwards of two years in jail for Ross during sentencing arguments late last year, while Ross’ lawyer lobbied for a non-custodial sentence.

Ross will appear on the National Sex Offender Registry for life, a police-only accessible database allowing for eased access of the location of thousands of sex offenders across the country.

B.C. Corrections will determine where Ross will serve his jail sentence.

Local news. Delivered. Free. Subscribe to our daily news wrap and get our top local stories delivered to your email inbox every evening

info@nanaimonewsnow.com

On Twitter: @NanaimoNewsNOW

by Chelsea Cavanagh

‘Regret rather than remorse:’ judge jails Nanaimo based repeat sex offender

More Local News