Sus­pended sen­tence in child pornog­ra­phy case

Enniscorthy Guardian - - NEWS -

A 27-YEAR-OLD Wex­ford town man who pleaded guilty to the pos­ses­sion of child pornog­ra­phy has re­ceived a 12-month sus­pended prison sen­tence.

Barry Malone, of 7 New­town Court, Wex­ford, came be­fore Judge Cormac Quinn at Wex­ford Cir­cuit Crim­i­nal Court where he pleaded guilty to the pos­ses­sion of two lap­tops con­tain­ing im­ages of child pornog­ra­phy on Oc­to­ber 1, 2010, at 7 New­town Court.

Prose­cut­ing Coun­sel, Ms Sinead Gleeson, told the court that while there were three counts of pos­ses­sion of child pornog­ra­phy, there was a guilty plea en­tered to Count 1 on the pre­sen­ta­tion of the full facts.

Garda Ian Doyle told the court that dur­ing an in­ves­ti­ga­tion led by the Na­tional Bureau of Crim­i­nal In­ves­ti­ga­tion, Malone was iden­ti­fied as some­one who was us­ing peer-to-peer net­work­ing to ac­cess child pornog­ra­phy. A search war­rant was ex­e­cuted on Oc­to­ber 1, 2010 when Garda Doyle called to the home of the de­fen­dant’s par­ents. Malone, who was present at the time of the search, co-op­er­ated fully and made a full ad­mis­sion.

Two lap­tops were re­cov­ered in the search and ex­am­ined by Garda Janet Walsh of the In­ves­ti­ga­tions Unit. Due to the unit be­ing over­bur­dened with work, it took quite some time for this ex­am­i­na­tion to be com­pleted.

Garda Doyle­said there was no ques­tion of the de­fen­dant dis­tribut­ing the im­ages – he was only be­fore the court for the down­load­ing of the ma­te­rial. Re­ply­ing to De­fence Coun­sel Philip Shea­han, Garda Doyle said the de­fen­dant ap­peared to be a pleas­ant, man­nerly young man, who had never been in trouble with the law pre­vi­ously or since.

Garda Doyle agreed with Mr Shea­han that this has been six years trav­el­ling through the law through no one’s fault

A psy­cho­log­i­cal re­port in­di­cated that the de­fen­dant was at a low risk of re-of­fend­ing. The de­fen­dant, said Mr. Shea­han, is the youngest of three broth­ers, one of whom had trav­elled home from Philadel­phia to be of sup­port, while his fa­ther, mother and broth­ers were all in court to lend their full sup­port.

De­fence Coun­sel, Mr. Shea­han said the psy­cho­log­i­cal re­port said he was from a lov­ing, car­ing fam­ily but when he went to pri­mary school he found him­self bul­lied by peers. His aca­demic achieve­ments were dam­aged at that time as he suf­fered with dys­lexia which was not di­ag­nosed un­til fifth class. His ex­pe­ri­ences with the op­po­site sex were limited un­til he went to col­lege where he had his first re­la­tion­ship that ended due to these le­gal dif­fi­cul­ties.

Judge Quinn said the head­line sen­tence for such an of­fence is two years, how­ever, he would im­pose a 12-month sen­tence, sus­pended for 18 months on con­di­tion that the de­fen­dant keep the peace and be of good be­hav­iour, com­ply with all the con­di­tions in the pro­ba­tion and wel­fare re­port and co-op­er­ate with the Safer Life Pro­gramme.

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