A midlands factory worker has been jailed for having sexual abuse images and videos of children, including a nine-month-old baby, on his phone.
Josh Fitzpatrick (26) with an address at Forgney, Moyvore, Co Westmeath, pleaded guilty at Mullingar Circuit Criminal Court to possessing 98 images and 55 videos of downloaded child pornography on February 10th, 2023.
A probation report found him to be at a moderate risk of reoffending. Judge Keenan Johnson took into account the effects on victims and how the accused had the material for sexual gratification.
Passing sentence, he noted the accused’s remorse and positive engagement with the Probation Service. He said the offence occurred during a dark period in the accused’s life and that he had been chastened by being held in custody.
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The court heard he had no previous convictions, did not come to any more Garda attention and was in a stable relationship. His age at the time and childhood difficulties were noted and there was no evidence of distribution.
The judge imposed a two-year sentence, suspending the final 12 months for five years.
The sentence was backdated to July 8th when he was remanded in custody.
Det Garda John Divilly told the court the accused was arrested as a passenger in another car during a suspected drugs seizure. However, it was clarified that he was never charged with any drug offence.
However, while in Garda custody, he handed over his mobile phone, along with the pin to access its contents.
The detective agreed with prosecutor Cathal Ó Braonáin that there were 53 pictures and 18 videos on the phone’s internal memory and a further 45 images and 37 videos on its memory card.
The graphic material showed children mainly aged from two to 13 years, engaged in sexual acts, and being abused by adults.
The court heard that the age range of children was “nine months to 13 years” and that he had twice paid for the material, totalling €50. There was no allegation that he distributed the pictures or footage.
Defence counsel Shane Geraghty asked the judge to consider his client’s age and that he was 20 to 23 when he had the images and videos.
He also submitted that the amount of material was not as high as that frequently featured in similar cases, which sometimes number in the hundreds or thousands.
The accused had come forward with an early signed plea from the District Court, which gives added mitigation and had also volunteered the pin for his phone.
Addressing the accused’s background, counsel said Fitzpatrick had endured a tumultuous upbringing and was subjected to violence at an early age. He developed an eating disorder, then turned to abusing cannabis at 14, and later moved into a house full of drug users.
He did not address the court.
