Courts / Dublin / Report

Nurse's suspended sentence for distributing child porn is upheld

Date
2019-01-30
Stage
Appeal
Primary locality
Swords
County
Dublin

Summary

Steven McGinty, a 47‑year‑old former nurse from Swords, pleaded guilty in Dublin Circuit Criminal Court to possession of 260 child‑pornographic images and four videos and to distributing such material between 2006 and 2013. He received a wholly suspended sentence on 15 March 2018. The Director of Public Prosecutions appealed, arguing the sentence was too lenient, but the Court of Appeal dismissed the appeal, confirming the suspended sentence was within the judge's discretion. The judge noted McGinty's cooperation, remorse, low risk of reoffending, and lack of prior convictions. He also highlighted the difficulty of detecting private offences and the need for deterrence. McGinty's sentence was upheld, and he was not sent to prison. The case was heard by a three‑judge panel, including Mr Justice Patrick McCarthy, Mr Justice George Birmingham, and Ms Justice Marie Baker.

Who, what, where, when and why

What: Report matter: Nurse's suspended sentence for distributing child porn is upheld. Charges or matters: possession of 260 images and four video files of child pornography stored on a laptop at his home on October 24, 2013; distribution of child pornography within the State on dates between August 2006 and October 2013, as his computer showed that some material had been shared with others. Procedural stage: appeal

When:

Case subjects

Steven McGinty

Defendant

Charges: possession of 260 images and four video files of child pornography stored on a laptop at his home on October 24, 2013; distribution of child pornography within the State on dates between August 2006 and October 2013, as his computer showed that some material had been shared with others (Admitted)

Plea: Guilty

Outcome: McGinty was given a wholly suspended sentence by Judge Karen O'Connor on March 15, 2018. He said the decision to suspend McGinty's sentence fell at the "very outer limit" of the Circuit Court judge's margin of discretion but did not fall outside of the available range.

Places mentioned

Residence
Court Venue
  • Dublin
  • Dublin Circuit Criminal Court
  • Court of Appeal
Garda Station
  • handed himself into Swords Garda station
  • Swords

Topics

Stage Appeal

Related court reports

Read the original CNI report

Correction or retraction request

If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.

Email a correction request