Sentencing adjourned for man caught with 13,000 child abuse images so he can attend Safer Lives Programme

Gavin Flynn, Ballyscanlon, Grange, also pleaded guilty to possessing 285 images and 58 videos on a HP laptop on July 2nd 2019.

The defendant had also been facing a third count, possessing 2,248 images and 124 videos on a USB drive but no plea was entered to this charge.

Ms Eileen O’Leary SC with Mr Eugene Deering BL, instructed by Mr Mark Mullaney, Solicitor (defending) appeared for Flynn.

Mr Leo Mulrooney BL with Ms Elisa McHugh State solicitor led the prosecution.

Detective Garda Noel O’Donnell of Sligo Garda Station said the accused was returned for trial on November 2 2023 on three counts of possession of child pornography.

On January 30 2024, he was arraigned and pleaded guilty to two counts.

He was 36 years old and was 31 at the time, the garda outlined.

A statement was read out from Gda Michael Gaughan of Sligo Garda Station who said that at 10:10am, Flynn presented at the public office in the station and said he wanted to confess a crime.

He was brought to another office and told gardaí he had been receiving ‘online threats’ from people who told him to go into the garda station.

Detective Inspector Ray Mulderrig was made aware of Flynn’s admissions and spoke to the defendant and took receipt of property he had brought to the station.

Three days later he also came back with a laptop which he surrendered.

Dt Gda O’Donnell, from the Divisional Protection Services Unit, told the court he was the investigating member involved in the case.

He had taken possession of what was handed in and surrendered all the material to the Garda National Cyber Crime Bureau.

All devices were examined.

Email and social media accounts were also examined and nothing further was found.

He met the accused by arrangement and arrested him. During interview, he made full admissions.

The material itself was analysed by Detective Garda Bernard McLoughlin from the Garda National Cyber Crime Bureau.

Details of the material was outlined to the court.

During interview, Flynn was asked about his background. He said he was unemployed and single. He was into reading and gaming.

He lived with his parents and was an only child. He had started a course in computing.

He made full admissions to gardaí, the court was told.

Mr Mulrooney said all the material was downloaded from websites where payment was not required. He didn’t upload any material.

Dt Gda O’Donnell agreed there was no evidence of sharing.

When Flynn was asked if he received or sent child pornography images, he said he had received, but did not send.

He said he viewed it on a laptop and on a regular basis.

He said he started acquiring the material in 2017 when he was suicidal and depressed.

He did not have any previous convictions.

Ms O’Leary asked the garda if he agreed it was highly unusual that someone walks into the garda station and hands themselves in.

She said he had co-operated and handed over all the devices and the garda agreed.

Ms O’Leary said he mentioned a threat but in fairness he could have thrown all the devices in the river and she suggested this was a ‘cry for help’.

Ms O’Leary said there was no dispute it was very serious.

She said Flynn was 36 years old and an only child. His parents asked him to move out due to the case.

This had a major impact on his life and he is in contact with parents once a week. He is living in a hostel in Sligo.

He did a college course in computers and his interests were history and sociology.

The Probation Report showed someone lonely, isolated and since the offences came to light he was staying indoors.

He had undergone counselling and the Probation Report says he Is open to further treatment.

Ms O’Leary said there was no doubt the large number of images were disturbing and awful.

The Probation Service were open to ongoing support.

She said Flynn was asking to apologise to the court for what he had done.

He ensured it won’t happen again. He regrets his actions.

Judge Johnson said the position was the accused pleaded guilty to two charges and the background was it began in 2017 when he was in a suicidal state and began acquiring child pornography on the internet.

He said it was the most abusive type imaginable and said the internet is a cesspit and one of the worst aspects of the internet is that the material is so readily available.

Judge Johnson said people end up before the courts.

He said he found it very difficult to understand how anyone would become addicted to it.

He said Flynn didn’t pay or share any of the material which contributes to the abuse of children.

He said someone who pays or shares contributes to the industry.

He said it was an unusual case in that it appears the accused was threatened both with exposure and blackmailed and brought everything to gardaí and handed over his devices.

The judge said Flynn co-operated and went directly to the Garda Station. He said Ms O’Leary was right to say the accused could have covered his tracks and destroyed the devices.

He said it was someone looking for help.

The aggravating factors were the huge amount of material, the nature of which was the worst possible variety.

The mitigating factors were the early plea of guilt and the co-operation with gardaí.

He made full admissions. He had to leave the family home and as an only child was very isolated living in a hostel. He is also on the sex offenders list.

The report suggests he was willing to engage in the Safer Lives Programme and he was suitable for Probation Supervision.

He said the maximum sentence is five years.

This was at the higher end with a four year and six months sentence and taking into account the mitigation that it was an unusual case, with no payment and no distribution he was reducing that to three years.

The judge said he was satisfied in the interests of society and justice it was best if it was suspended for a significant period of time.

It was five years since the offences were committed and there was no re-offending.

He also took into account that he had referred himself to counselling.

He said he was going to adjourn to December for mention so that he can engage positively with the Safer Lives Programme and he said he will suspend the sentence.