'No doubt mercy has a place in sentencing practice, but there are limits to it too': Judge in Cathal Crotty appeal case

THE WHOLLY suspended sentence imposed on former soldier Cathal Crotty, who beat Natasha O'Brien unconscious on a public street after she asked him to stop shouting homophobic abuse, sends out the wrong message regarding society's attitude towards such crimes, the Director of Public Prosecutions (DPP) has argued.

In an application to overturn the original sentence against Crotty (22) on the grounds that it is unduly lenient, Lily Buckley BL for the DPP told the Court of Appeal this Thursday morning that a prison sentence is required to deter others who might consider committing similar crimes.

Lawyers for Crotty, who urged the court to reject the DPP's appeal, argued that the "experienced and hard-working" sentencing judge had "acted out of a sense of humanity" having heard all the evidence in the case.

The Court of Appeal, which today noted that there are limits to the place of "mercy" in sentencing practice, will sit again this afternoon to indicate whether it is in a position to deliver a ruling or if it wishes to defer a decision to a later date.

Ms Buckley said the DPP has no issue with the sentencing judge setting a headline sentence of four years for the assault. However, the director says that the decision to reduce that to three years, fully suspended, gave too much weight to the mitigating factors in the case.

Counsel submitted that Crotty's conduct was of such gravity that it requires to be punished "by hard treatment" to communicate society's disapproval of his actions. The sentence ought to have included a custodial element to "send a deterrent message," she said.

The sentencing judge, the now retired Judge Tom O'Donnell, identified Crotty's guilty plea, good service record in the army, and lack of previous convictions as mitigating factors. Ms Buckley said the judge also appeared to place significant weight on the fact that Crotty was likely to lose his job as a result of his conviction.

Ms Buckley pointed out that Crotty is not married and has no dependents, submitting that the judge had placed excessive weight on the likely job-loss.

Brian McInerney SC, for Crotty, said Judge O'Donnell was an experienced, hard-working judge who acted out of a sense of humanity having heard all the evidence. While counsel accepted the sentence was lenient, he said he has no hesitation in arguing that it was not unduly lenient.

Mr Justice John Edwards intervened, telling counsel: "You appear to be saying that this was the showing of mercy. No doubt mercy has a place in sentencing practice, but there are limits to it too."

Mr Justice Edwards said a wholly suspended sentence in a case such as this would require "special and extraordinary circumstances" that the judge said were absent in this case.

Mr McInerney said his client had an exemplary record in the army, was of unblemished character and the evidence showed that the assault was an "aberration" that was completely out of character. Given all of the mitigating factors, Mr McInerney said the trial judge had not erred in suspending the sentence in full.

Crotty pleaded guilty in July last year at Limerick Circuit Court to assault causing harm. The case prompted a public and political outcry when it emerged that Crotty had assaulted Ms O'Brien (25) on a Limerick street on May 29, 2022 after she heard him call someone a "faggot" and asked him to stop shouting homophobic abuse. He then verbally abused Ms O'Brien using the same word before carrying out the assault.

Crotty initially lied to Gardaí, telling them he had been attacked first, but changed his story when confronted with CCTV. Hours after the attack Crotty, who was a serving member of the Defence Forces at the time, boasted on Snapchat: “Two to put her down, two to put her out,” in reference to striking Ms O’Brien. He was discharged from the army in July.

Crotty, from Ardnacrusha, Co Limerick, was aged 20 at the time of the assault.

In June 2023, Judge O’Donnell, sitting at Limerick Circuit Criminal Court, imposed a suspended three-year term on Crotty and ordered him to pay €3,000 compensation to Ms O’Brien.