A judge has sentenced a 40-year old Co Clare man to four months in prison for sending a lewd image of himself to a female “public figure”.
In the case at Ennis District Court, Judge Alec Gabbett imposed three concurrent four month prison terms on the accused for sending lewd pictures of himself to three ‘random’ females around the country in Dublin, Kerry and Limerick.
Judge Gabbett also imposed a one month prison term on the accused after the man committed a solo sex act in public on the early Galway to Limerick train service in February 2023.
Solicitor, Stiofan Fitzpatrick said that his client last month in Dublin received a three year prison term with the final 18 months suspended.
The accused received the prison term after engaging in sexually obscene video calls with someone he believed was a 14-year-old girl.
Judge Gabbett said that the sentences he is imposing are to be consecutive to the 18 month prison term.
Mr Fitzpatrick told Judge Gabbett “for someone who has never come before the courts, my client is serving a significant sentence that has had a profound effect”.
After reading victim impact statements in the case, Judge Gabbett said that the women who received the lewd images “were traumatised”.
Judge Gabbett said that the accused had “transmitted explicit images to innocent victims”.
Judge Gabbett said that the images the man sent on were unwarranted and unsolicited and as one woman said arrived into her sitting room and destroyed her evening.
One of the injured parties who witnessed the man masturbating on the 6.15am Galway to Limerick service on February 20th 2023 videoed the incident and handed over the recording to Gardai as evidence in the case.
Judge Gabbett remarked that one of the women to receive a lewd image “is a public figure”.
Judge Gabbett said a Probation Report handed into court confirmed that vigilantes “have come upon the man”.
Judge Gabbett previously ruled due to “the vigilante behaviour” and out of concern for the personal safety of the accused that reporting restrictions would continue in the case.
Judge Gabbett remarked that the man has stated that the “vigilantes are after me”.
Judge Gabbett told the court previously that “the biggest concern I have here is the issue of the pattern of harmful exhibitionist behaviour”.
The judge said that the accused by his own admission “has this compulsion”.
The Probation Officer told Judge Gabbett that her report has recommended a therapeutic programme which deals with individuals who have sexual harmful behaviours.
Mr Fitzpatrick said that his client “has lost a lot”. He said that his client lives in a rural area and is isolated.
He said that his client no longer has a smartphone and that he has insight into his condition.
Mr Fitzpatrick said that his client sourced the phone numbers of the three women he sent images to from Instagram. He said that his client “has expressed a willingness to address his harmful behaviour”.
The offence on the train in February 2023 came only nine days before the man made his first appearance in court on March 1st 2023 concerning sending the lewd images of himself to females.
In relation to the first offence, the man randomly selected a Co Kerry woman’s phone number before sending her a lewd image of himself on October 16th 2020.
The man has also pleaded guilty that on May 1st 2021 of intentionally engaging in offensive conduct of a sexual nature by sending an image of his erect penis via WhatsApp to a female living in Limerick in such a manner to cause fear, distress or alarm to another person.
The man has also pleaded guilty to on May 4th 2021 of intentionally engaging in offensive conduct of a sexual nature by sending an image of his erect penis via WhatsApp to another female living in Dublin in such a manner to cause fear, distress or alarm to another person.
The charges are contrary to Section 45(3) of the Criminal Law (Sexual Offences) Act 2017 where a maximum sentence of six months in the district court applies.
