Suspended sentence for man who had images of child pornography on his phone

Darren Magee, 33, of Mayo Road, Mayobridge, Newry, Co Down, pleaded guilty at Dublin Circuit Criminal Court to possession of child pornography at Store Street garda station in 2015.

A man who was caught with images of child pornography on his phone has received a fully suspended sentence.

Darren Magee, 33, of Mayo Road, Mayobridge, Newry, Co Down, pleaded guilty at Dublin Circuit Criminal Court to possession of child pornography at Store Street garda station on August 27, 2015. He has no previous convictions.

Detective Inspector Mark Jordan told Kieran Kelly BL, prosecuting, that the mother of a school boy was concerned about telephone contact between her son and the accused which she reported to gardaí.

Det Insp Jordan said that on the date in question, Magee voluntarily attended at the garda station and handed over two mobile phones. These phones were analysed and three images of child pornography was discovered.

One of the images depict a sexual act between an adult male and a young boy. The other two images were of child exposure.

Det Insp Jordan agreed with Bernard Condon SC, defending, that his client was originally from Newry. He agreed that Magee had not come to adverse garda attention before or since the offence.

Mr Condon said there was no suggestion of anything being traded, any commercial purpose or the images being created by the accused. He said it seemed the images came to be on his client's phone as part of a conversation on Grindr.

He said this was “monumentally embarrassing and shocking” for his client. He said his client had the support of a therapist and he submitted that his client was at a low risk of re-offending.

Judge Martin Nolan said that decisions in the Court of Appeal indicated that in cases where there were no aggravating factors such as a previous record of offending, distribution, profiting or payment, the court could consider a non-custodial sentence.

Judge Nolan sentenced Magee to one year imprisonment, which he suspended in full. He said he thought about probation, but it seemed to him the accused had taken his own steps in rehabilitating and reforming.