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Man (58) caught producing 1,500 word story depicting child abuse avoids jail
Philip Carey was charged with producing child sexual abuse material, namely material contained in a Skype chat conversation of 1,500 words depicting child abuse.
Today at 08:09
A 58 year old man who admitted possession of child sexual abuse material has been given a three year suspended jail term at Sligo Circuit Court.
Sentencing of Philip Carey had adjourned for finalisation at a previous sitting after the judge said he wanted to see evidence that the defendant was reducing his risk of re-offending.
At last week’s sitting Judge Keenan Johnson said Carey of Crozon Downs, Sligo had engaged well with the sex offenders treatment programme according to an updated probation report.
Mr Des Dockery SC with Eoin McGovern BL, instructed by Mr Gerard McGovern, solicitor said the court had indicated on the last occasion it would impose a three year sentence suspended for five years.
Judge Johnson said he would impose that sentence on the basis that the defendant keep the peace and be of good behaviour for the period of the suspension, submit himself for probation service supervision for 12 months, obey all directions given and complete the Safer Lives Programme.
Carey must also undertake not to access any pornography during the period of the supervision and allow access to the Gardaí and probation services to his computer devices to see that the court’s order is being complied with.
Judge Johnson said the only reason the term was being suspended was because the defendant was assessed as of being at low risk of re-offending, had no previous convictions and there had been no offending since.
The defendant was charged with producing child sexual abuse material, namely material contained in a Skype chat conversation of 1,500 words depicting child abuse on March 20th 2016.
The defendant was also charged with possession of 18 images of child sexual abuse on June 11th 2016, 15 images on June 17th, two images on June 21st and 12 images on July 2nd.
Carey pleaded guilty in October 2022 to two counts on the basis that the facts would be outlined on all counts.
Inspector Ray Mulderrig outlined to the court last January how Inspector Pat Harney received information from the Garda National Protective Services Bureau and he subsequently got a search warrant on July 7th which was executed on July 9th.
The defendant was present with his elderly mother. There was a laptop on the kitchen table which he admitted was his and which was seized.
Carey answered a number of questions and denied there would be child sexual abuse images on the computer.
A copy of the computer was analysed by Detective Garda Donagh Mannix of the Garda National Cyber Crime Bureau.
Garda Sandra Deery subsequently arrested the defendant on May 10th 2021 and he was taken to Ballymote Garda Station where he was questioned.
The defendant did not have previous convictions and had not come to Garda notice since, said Det Insp. Mulderrig.
Witness agreed with Mr Dockery that the defendant, who was single, had never been in a proper relationship according to the probation report.
Witness said the defendant’s opportunities were limited in this regard given the fact he was caring for his elderly mother who had passed away in 2020.
His father was also deceased. There were two other children in the family.
Mr Dockery said the defendant was now caring for an elderly aunt.
Det Garda Mannix, now attached to Europol, said there were 47 images in total of child sexual abuse, six of which were rated category one which was the most serious.
The remaining 41 images were rated as category two. The images were of naked young boys.
With regard to the production of child sexual abuse material charge, Det Garda Mannix said the defendant was using Skype as a messaging app where he wrote a 1,500 word narrative which was sent in portions to another Skype user believed to be an adult sharing similar interests and who was encouraging the defendant to continue with it.
The narrative was about the defendant going on holidays to the Canary Islands and befriending the mother of a young boy whom she asked to babysit and with whom he later engaged in oral sex with.
Det Garda Mannix said there was no evidence to suggest that this was real. There was also no evidence that any of the images had been paid for.
Mr Dockery pleaded that it was a sad day for the defendant at this stage in his life. It was a lapse from the standards expected of adults.
The offending was confined to a short period in 2016 and Mr Dockery submitted the offending was at the lower end in terms of quantity. Of the 47 images only 6 were in category one.
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