Courts / Down / Report

NI man caught with child abuse imagery on phone avoids jail

Date
2019-12-18

Stage
Appeal

Primary locality
Mayobridge

County
Down

Summary

Darren Magee, a 33-year-old man from Newry, County Down, pleaded guilty at Dublin Circuit Criminal Court to possession of child pornography at Store Street Garda Station on August 27, 2015. Prosecuting Detective Inspector Mark Jordan stated that Magee voluntarily attended the station and handed over two mobile phones, which were subsequently analysed. The analysis revealed three images of child pornography, including one depicting a sexual act between an adult male and a young boy, and two images of child exposure. The prosecution noted that the images were discovered following a report from a mother concerned about contact between her son and the accused. Defending counsel Bernard Condon SC submitted that there was no evidence of trading, commercial purpose, or creation of the images by the accused, suggesting they arrived via a conversation on the Grindr app. He highlighted that Magee had no previous convictions and was receiving therapeutic support. Judge Martin Nolan, noting Court of Appeal decisions regarding non-custodial sentences in the absence of aggravating factors such as prior records or distribution, sentenced Magee to one year imprisonment. This sentence was suspended in full. The Judge declined to impose probation, observing that the accused had taken independent steps toward rehabilitation and reform.

Who, what, where, when and why

What: Report matter: NI man caught with child abuse imagery on phone avoids jail. Charges or matters: possession of child pornography at Store Street Garda Station on August 27, 2015. Procedural stage: appeal

When: