Man (21) avoids jail over child abuse material downloaded when he was minor
The Wicklow PeopleA man who downloaded child abuse images when he was a teenager has received an 18-month suspended sentence
The 21-year-old man, who cannot be named because he was a minor at the time of the offending, appeared at Wicklow Circuit Criminal Court for sentencing after pleading guilty to possession of child abuse material.
The material was downloaded over the Christmas period when the defendant was 17.
Detective Garda Dave Smith, a member of An Garda Síochána’s Divisional Protective Services Unit (DPSU) in Wicklow, testified that gardaí were alerted by the National Center for Missing & Exploited Children. An email address linked to the accused had been used to download six category-one images and one category-two image. The images were downloaded using an iPhone.
The images depicted children aged between four and nine years old.
The court heard that the defendant admitted the phone on which the files were found belonged to him. There was no evidence of distribution. His family, including his mother and father, were present in court to support him.
Barrister for the defence told the court that his client has suffered from severe health conditions as a child. He spent long periods in his bedroom, where he first discovered pornography. Counsel said this was not an excuse, but an explanation.
Affidavits signed by his siblings attested to his remorse and the impact the offending has had on him. The defence noted that he has been in consistent employment since leaving school and has not come to Garda attention since. Det Smith agreed and accepted that the accused had taken full responsibility for his actions.
In mitigation, it was submitted that the court should consider the defendant’s age and circumstances, noting that this was his first offence and that a custodial sentence would not be appropriate given his background. Counsel described the offending as “a kick in the backside” that has already had a significant impact on him.
He said his client understands the seriousness of the matter and is unlikely to reoffend. Counsel argued that a suspended sentence should be considered.
Judge Patrick Quinn sentenced the accused to 18 months’ imprisonment, but suspended the sentence in its entirety for 18 months.