Jailed for possession and distribution of child porn

A trained professional has been jailed for two years at Cavan Circuit Court after pleading guilty to possession and distribution of child pornographic material.

The male, from Monaghan, who cannot be named due to his alleged “proximity” to another case currrently before Monaghan Circuit Court in which a female has pleaded guilty to similar type charges, shook and wiped away tears as Judge John Aylmer outlined his reasons for a four-year headline sentence on each count.

Judge Aylmer noted at the outset that the case had been adjourned multiple times since he first heard evidence. Sentencing in the case has been pending since the man, aged in his 40s, first pleaded guilty to two counts on the indictment in January 2023. They include possession of child pornography - 36 images and one video - on an Xgody mobile phone at an unknown location within the State on a date in July 2019.

He also pleaded to knowingly distributing child pornographic material - 15 images and eight videos - using a Samsung mobile device - on the same date.

Judge Aylmer said the central difficulty lay in determining where, on the scale of offending, the conduct should be placed, as several elements of the case remained complex. Sentencing had been adjourned previously to address conflicts between the various reports and assessments.

An early report dated January 3, 2023, indicated no mental-health issues, did not find that the man had any attraction to pre-pubescent pornography. and assessed the defendant at “low risk” of reoffending.

However, a later report dated October 21, 2025, appeared to show the defendant attempting to minimise his offending, and concluded he did find such imagery “arousing”. That report further recorded that the accused is now suffering from mental-health issues, and deemed him to be at “moderate risk” of reoffending.

Judge Aylmer noted a probation report from May, 2024.

‘Sinister’

It was highlighted to the court that the defendant was in a “relationship” with a woman, and that an “aggravating factor” was the existence of texts of a sexual-nature shared between them involving the female’s nine year old daughter. Judge Aylmer described this as “sinister”.

In terms of scale, the judge recorded the defendant had possessed 779 images - placing the possession element at the “upper end” of the range. A large percentage of these were considered among the most “serious” involving children performing sexual acts. Although the statutory maximum sentence was five years’ imprisonment, the judge considered a headline sentence of four years appropriate before mitigation.

The distribution charge related to 15 images and 15 videos sent via WhatsApp, along with eight additional images. This was placed at the lower end of the scale, though still an aggravating factor in conjunction with the possession count. The defendant’s “proximity” to a producer of similar material, was another aggravating factor.

Mitigating factors included full co-operation with the investigation, absence of previous convictions, and the fact that the defendant had not otherwise come to the adverse attention of gardaí.

Reports showed the defendant was “deeply ashamed and remorseful”, though he continued to use alcohol to help him sleep. He had since developed depression. His career had been curtailed because of bail conditions.

The judge acknowledged the defendant does have strong family support, which he regarded as “positive” for rehabilitation. The defendant was attending ongoing counselling, and Judge Aylmer said there were reasons to be “optimistic” about that, though “a lot of work” clearly remained.

The defendant was represented by barrister Sarah Brennan BL.

Judge Aylmer reduced the headline sentence from four years to three years’ imprisonment on each count, to run concurrently, suspending the final 12 months on condition that the defendant abstain from all pornographic material and enter a 12-month post-release supervisory bond. He must comply with all directions of the probation services regarding rehabilitation, follow all assessments and treatment recommendations, engage in victim-awareness work, and keep probation informed of any changes in circumstances.

The judge said he would take into account all remaining counts on the indictment. These include possession of child pornographic material on a Samsung mobile (14 videos and 214 images); on Toshiba USB (214 images and two videos); on an external harddrive (101 images and two videos); on an Acer laptop (73 images and two videos); and a charge of producing child pornographic material (45 media files - 36 images and nine movie files).

The court heard that the woman in the “connected” case has pleaded guilty.

A destruction order was made in respect of the devices apart from those still required for prosecution purposes.