Man caught with multiple sex abuse images of infants while on sex offenders
Fiona Ferguson
A man who has been repeatedly caught with child sex abuse images has been given an eight and a half year sentence with the final three years suspended.
Dublin Circuit Criminal Court heard that one of the images on a device seized from David McGrath (31) depicted an infant child in diapers being sexually abused while “hog tied” with electrical tape.
McGrath has two previous convictions for possession of child pornography from 2017.
McGrath of Desmond Street, South Circular Road, Dublin 8 pleaded guilty to possession of child pornography at his home, on December 30th, 2018 and December 16th, 2020.
ing sentence on Friday, Judge Elma Duffy said it was aggravating that offences took place while he was still on the sex offenders for the previous offences in 2017.
Judge Duffy said looking at the probation report there did seem to be remorse and shame as well as some form of realisation and a shift in attitude towards his behaviour. She noted that McGrath has accepted responsibility for his actions and there is a commitment to prevent future offending.
She noted from the report he had experienced his own difficulties at a young age and that his family will continue to him, although that is a difficult task.
The judge said that in the absence of a change in behaviour, McGrath will continue committing “horrendous offences”, continue being caught and serving in custody.
Judge Duffy said the pain and impact of the offending on others was huge.
Judge Duffy imposed consecutive sentences totalling eight and a half years and suspended the final three years for six years on strict conditions and under supervision.
The conditions include engaging with the Probation Service and any therapy required. He must tell the gardaí at all times what devices he has in his possession and provide their International Mobile Equipment Identity (IMEI) numbers and IP addresses, as well as permitting gardaí to review them on an unannounced basis.
Detective Garda Sarah Keogh told David Perry BL, prosecuting, that gardaí carried out a search at McGrath’s home on foot of certain information and seized a laptop belonging to McGrath.
This was examined and 1,730 images constituting child sexual abuse material were found.
The court heard 708 images were in “category 1” depicting very young children, between the ages of 1 and 8 years old, engaged in or witnessing sexual activity including masturbation, oral sex or anal or vaginal penetration.
A further 1,022 images depicted children of a similar age with their genital or anal areas exposed.
McGrath was arrested and interviewed and he was released without charge at that point.
Gardaí again searched McGrath’s home in December 2020. They asked if he knew why they were there and he replied: “Yes, the same thing as before.”
Garda seized a phone and laptop and were provided with s by McGrath.
The devices were analysed and 445 illegal images were found on the laptop, with 97 in category 1 and 348 in category 2. Most of the images depicted children under the age of 5, with a large percentage of them involving children under the age of two years old.
Gardaí found just over 2,200 such images on the smartphone, with 695 images in category 1 and the remainder in category 2. These images depicted children from infants up to 10 years old.
McGrath has two previous convictions for possession of child pornography imposed at Gorey District Court in 2018. He received a suspended sentence but was subject to the requirements of the sex offenders for five years.
A garda witness agreed with Seoirse Ó Dúnlaing SC, defending, that McGrath had always engaged with his nominated person in the gardai letting them know where he was during the time he was on the .
Mr Ó Dúnlaing handed a psychologist’s report into court. He said the report outlined that while McGrath was assessed at high risk of re-offending, he was beginning to display insight into his behaviour and beginning to engage positively overall, as well as re-engaging in therapy.
He asked the court to take into his guilty pleas. He submitted this offending had become “normalised” as far as McGrath was concerned, noting this was an explanation not an excuse.
He also handed in a letter of apology from McGrath and letters from his family. His family indicate they will him in getting therapy. He said McGrath had a diagnosis of autism.
Counsel asked the court to consider setting a headline sentence, and instead of reducing that after mitigation, to instead suspend a portion to take of mitigation.
He suggested several conditions of the suspension relating to devices and supervision.
He said there should be a structure available for McGrath on release so he does not reoffend and it should be mandatory for him to work with the Probation Service.
Mr Ó Dúnlaing said the offences were “foul, disgusting and reprehensible” and it was in McGrath’s and society’s best interests that he stop accessing this material.
If you have been affected by any of the issues raised in this article, you can call the national 24-hour Rape Crisis Helpline at 1800-77 8888, access text service and webchat options at drcc.ie/services/helpline/ or visit Rape Crisis Help.
