David McGrath loses appeal against child pornography sentence

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

David McGrath’s appeal against his sentence for possession of child pornography was dismissed on 21 April 2026. Judge Patrick McCarthy said the sentencing judge had made no error and the cumulative sentence was neither excessive nor disproportionate.

McGrath pleaded guilty to possession of child pornography at his home in Dublin. The offences took place on 30 December 2018 and 16 December 2020.

On 28 February 2025, Judge Elma Duffy imposed consecutive sentences totalling eight and a half years at Dublin Circuit Criminal Court. She suspended the final three years for six years, leaving five and a half years in custody.

The suspension was subject to strict conditions and supervision. McGrath must engage with the Probation Service and any required therapy, tell gardaí what devices he possesses and provide their IMEI numbers and IP addresses, and permit unannounced reviews of the devices.

The sentencing hearing was told that 1,730 child sexual abuse images were found on a laptop seized from his home. After another search in December 2020, gardaí found 445 illegal images on a laptop and just over 2,200 on a phone.

Defence counsel Seoirse Ó Dúnlaing said the offending had become normalised for McGrath, an explanation rather than an excuse. He said a psychologist assessed McGrath as at high risk of reoffending but found that he was beginning to show insight and had re-engaged in therapy. Counsel also said McGrath had an autism diagnosis.

At the appeal, Ó Dúnlaing argued that the sentence was excessive and insufficient weight had been given to mitigation. David Perry, for the State, said the sentence was within the sentencing judge’s discretion and that only limited weight could be given to mitigation.