A former driving tester found in possession of over 300 pieces of child sex material has been warned that he faces prison unless he addresses what a Judge described as grave concerns over his attempts to “minimise” his offending.
Dean Cullen was found with the images on a laptop when Gardai carried out a search of his home in June 2022.
Cullen, a 40-year-old of Ballylevin, Manorcunningham, has pleaded guilty to a sole count of the possession of child pornography. The charge is contrary to Section 6 of the Child Trafficking and Pornography Act, 1998.
Detective Garda David Anthony Leahy told the court that the searches were coordinated by the Online Child Exploitation Unit, which is attached to the Garda National Protective Services Bureau.
A Snapchat account linked to Cullen’s phone was tracked down and detectives raided his home.
Cullen was present when a search warrant was executed. Cullen told Gardai that he was going through a difficult time, Detective Garda Leahy said.
A mobile phone and a laptop were seized.
On an Acer Aspire laptop, 243 images and 78 videos were found.
Of the images located, 205 were described as child sexual images, 36 were depicted as child exposure and two were detailed as child anime.
Of the videos, 73 were in the child sexual category and five were child exposure material.
Cullen was arrested at the scene.
Detective Garda Leahy told the court that a young girl, aged approximately nine years old, was depicted in one of the more serious videos, a 33-second clip.
Cullen told investigating officers that he had set up the Snapchat account to access pornography and made full admissions. He told Gardai that he was aware of the offence and understood the charge levelled against him.
Cullen took to the witness box and told Judge John Aylmer: “I was in a place of despair. There are no excuses for what I did.”
Cullen told the court that he has been engaging in sessions with One In Four in Dublin for around two years and is committed to continuing in those meetings.
‘I have always tried to meet this head on,” he said. “Look, there is no question that what I did was abhorrent and I want to continue with therapy.”
He said losing his brother to suicide had a “massive effect” on him and he struggled to cope. He sought answers through drink and was downing bottles of whiskey as an attempt to find solace.
The defendant admitted that the material he accessed was abhorrent and added: “I can’t begin to imagine the effect on the victims.”
In the witness box, Cullen’s wife pleaded to Judge Aylmer for clemency. “I am asking for as much mercy for me and the kids, if not for him,” she said, adding that she was “very shocked” when her husband’s offending came to light.
Mr Colm Smyth SC, barrister for Cullen, informed the court that his client was previously a driver tester who had since lost his job. He has obtained further employment delivering meat and has a good work ethic.
Mr Smyth said the incident has brought publicity and had a significant effect on the family.
Reports prepared on Cullen were “favourable”, Mr Smyth said. His client was placed as a low risk of reoffending and there was nothing highlighted that warranted further intervention from the Probation Service.
He said incarceration would bring serious hardship and that his client would now have to face “obvious shame” when he is named in the media for his behaviour.
Mr Smyth asked Judge Aylmer for leniency and to consider a non-custodial sentence to enable the continuation of his rehabilitation journey.
Judge Aylmer said that while the volume of material was not particularly high, the content was very much on the higher end of the scale in terms of gravity. Before considering mitigation, Judge Aylmer said the offence merited a starting point of three years in prison.
Judge Aylmer noted that Cullen is a married father of two who has lost a job as a driving instructor as a consequence of his offending.
He said Cullen cooperated fully with the investigation and has followed up with a plea of guilty. Cullen has excellent support from his wife, Judge Aylmer added.
He said it appeared that, at the time of the offending, Cullen was dealing “very badly” with the loss of a brother through suicide. He said Cullen’s consumption of alcohol increased thereafter.
Cullen has also engaged in counselling and therapy and these factors meant that the sentence could be reduced to one of two years imprisonment, given that he has no previous convictions. He said the Probation Service places Cullen at a low risk of reoffending.
Judge Aylmer said that it was a matter of “grave concern” that a report from a doctor did not address a question of Cullen’s “minimisation” of his offending.
Judge Aylmer adjourned the imposition of sentencing until May, 2024 to allow for continued engagement with One In Four and the Probation Service with a view to the court obtaining updated reports. This would, he said, allow Cullen a chance to “put his best foot forward”.
Judge Aylmer said: “If the same concerns are still there, it will be difficult to contemplate a suspended sentence”.