Courts / Mayo / Report
Child porn distributer was raped from age 4, court hears
Summary
The Court of Appeal has refused the Director of Public Prosecutions' challenge to a suspended sentence imposed on a 78-year-old man convicted of child pornography offences. The man, formerly of Clare Island, County Mayo, was sentenced to two years wholly suspended at Castlebar Circuit Criminal Court in February 2019 after gardaí discovered 586 video clips and 365 images of child sexual abuse material on his laptop in September 2016. The DPP argued the sentence was unduly lenient and failed to adequately consider deterrence. However, the three-judge Court of Appeal panel, presided over by Justice George Birmingham, found the sentencing judge had approached the matter with care and properly considered substantial mitigating factors. These included the man's own experience of serious childhood sexual abuse, his advanced age, his mental health concerns, and the significant consequences he had already faced, including losing his home and long marriage. The court dismissed the appeal, finding the sentence fell within the permissible range.
Who, what, where, when and why
What: Report matter: Child porn distributer was raped from age 4, court hears. Procedural stage: appeal
When:
- September 2016 Incident
- 14th February Incident
- 2020-06-11 Publication
Case subjects
Defendant
Outcome: Judge Rory MacCabe imposed a two-year wholly suspended sentence for Possession of Child Pornography and Distribution of Child Pornography. Mr Justice Birmingham said that they were not persuaded that the sentence imposed was not open to the sentencing judge. "He approached his task with particular care and attention," he said, noting that he had put the matter back to carry out his own research. "Clearly this was a serious offence…and the material was at the higher end of the scale of gravity," he said.
Places mentioned
- Castlebar
- Castlebar Circuit Criminal Court
- Court of Appeal
- by going to the garda station
Topics
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