Tipperary man is given two-year suspended sentence for possessing child pornography video

A Tipperary man has been given a two-year suspended sentence at Nenagh Circuit Criminal Court for possession of child pornography.

The man pleaded to the offence at his home on October 3, 2017, before Judge Catherine Staines at the current sitting of the court on January 17, 2024.

The offence had been at the top end of the child pornography laws, the court heard.

Following a request by the man’s defence counsel David Roberts, BL, Judge Staines ordered the man’s name not be reported to protect his young children. The court heard that the man, who is married, has four children.

The court was told by Det Martin Connolly that the gardaí were alerted to the download of a video depicting child pornography by Europol and the IP address was linked to the defendant’s computer.

It was established that the man had access to the email address used and a warrant was issued to search his home.

The man was not present when the gardaí went to the house but returned immediately when he was telephoned.

The defendant, who is 47 years old, made admissions to having access to the email address, Garda Connolly said.

However, he replied “no comment” to other questions.

He had no previous convictions.

The garda told the court that the video had been downloaded at 9.15am and removed to the computer’s recycling bin 13 minutes later. It had been retrieved from the bin by the cyber crime unit.

The video had depicted three boys between the ages of 12 and 16 engaged in various sexual activities, Garda Connolly said.

Mr Roberts, BL, defending, highlighted to Judge Staines that there was a probation report and a psychological report before the court.

His client had a good employment history, with “excellent ties” to his local community and had never come to the gardaí’s attention either before or after the offence occurred, he said.

Mr Roberts asked that the man be given credit for his guilty plea and the fact that the offence happened some six years ago.

His client expressed regret for his actions.

“He accepts his behaviour has consequences. He doesn’t engage with social media, except for work,” said Mr Roberts.

While the offence was classified as being in Category 1 of the legislation, Mr Roberts said that it had involved only one video and it had not been distributed to anyone else.

“It was binned 13 minutes after it was downloaded,” he said.

His client had been adjudged to be at a low risk of re-offending but he had engaged with the services on his own accord.

Mr Roberts handed in a letter from his client’s wife in which she said she had been taken aback by the nature of the offence but she would continue to support him.

The defence counsel also handed in a letter from his client in which he stated that he understood the gravity and the impact of his actions and he was “truly sorry” for the mistake he had made.

He also pleaded for leniency from the court.

Judge Staines said the aggravating factor was the ages of the boys in the video. However, the defendant had pleaded guilty, co-operated with the services and was at low risk of re-offending.

Judge Staines said that if people didn’t download such videos, then young children would not be abused and young, vulnerable children exploited.

She sentenced the man to two years in prison but suspended it on condition that he enter a bond to keep the peace for two years and that he engage with the Probations Services.

She further ordered that he be placed on the sex offenders’ list.

Making an order that the defendant not be named, Judge Staines said that children had been the victims of the offence and she didn’t want any more children to be victimised as she was concerned that the man’s young children might be affected.