'For the first time in an Irish court I felt seen and heard': Limerick's Natasha O'Brien

THE COURT of Appeal has overturned the fully suspended sentence handed down to former soldier Cathal Crotty and jailed him for two years for beating Natasha O'Brien unconscious on a public street after she asked him to stop shouting homophobic abuse.

The three-judge court also found today that Mr Crotty's boasting social media message about the attack had shown a "complete disregard and disrespect for his victim and for society in general".

The sentence was imposed after an appeal by the Director of Public Prosecutions (DPP), who argued that the fully suspended three-year sentence imposed by the Circuit Court last year was unduly lenient. Lily Buckley BL, for the DPP, argued that the failure to impose a custodial sentence on Mr Crotty (22) sent the wrong message regarding society's disapproval of such offending.

The court agreed and imposed a sentence of three years in prison with the final 12 months suspended for one year. Mr Crotty will also pay €3,000 in compensation to Ms O'Brien.

Mr Crotty, wearing a blue tie, white shirt and grey overcoat, was immediately taken into custody to begin his sentence.

Speaking outside court, Ms O'Brien said: "For the first time in an Irish court I felt seen and heard, I felt acknowledged and it's just a total contrast to how I felt in that courthouse last June."

She added: "The courts have sent a message today, they have sent a message loud and clear: Violence will no longer be tolerated against anyone in this country and that's what we're taking away from today." She said her faith in the justice system has been restored.

Ms Justice Isobel Kennedy delivered judgment on behalf of the court, saying that the original sentence had failed to properly reflect the gravity of the offence and the necessity to deter others from similar attacks.

People should be entitled to walk the streets at night without fear of attack, she said, adding: "Attacks on individuals, male and female, are far too common and should be punished in an appropriate manner to indicate society's deprecation of such conduct."

Ms O'Brien had "properly asked" Mr Crotty to stop using a homophobic slur, but that caused him to react in the "most appalling manner," the judge said. He punched his victim repeatedly in the head causing a fracture to her nose and continued to attack her while she was on the ground.

Were it not for a passerby who had the courage to intervene, the consequences could have been more serious, Ms Justice Kennedy said. To attack someone on the ground, she added, can have "serious or even fatal consequences".

In the aftermath Ms O'Brien was hysterical, confused, frightened and in pain while Mr Crotty ran away, leaving his victim bloodied and injured. His conduct was compounded by a Snapchat message he created later that evening in which he boasted about the attack, saying: "Two to put her down, two to put her out."

Mr Crotty later told gardai that when he posted the message, he was "trying to play it cool". 

Ms Justice Kennedy said the motivation for the Snapchat message is "incomprehensible" and shows a "complete disregard and disrespect for his victim and for society in general".

When questioned by gardai, Mr Crotty initially lied, claiming he acted in self-defence after being struck first and that he stopped the attack of his own volition. Ms Justice Kennedy said it was only when CCTV footage was shown to him that he admitted what he had done.

Ms Justice Kennedy quashed the original sentence, saying: "The case is very clear cut. The custody threshold has been passed and he must be punished for his actions."

She said the court had considered all the aggravating factors and several mitigating factors, including Mr Crotty's early guilty plea, absence of previous convictions, prior good character, his employment history and the shame and remorse he has shown.

She said the loss of Mr Crotty's post in the Defence Forces, which was cited by the sentencing judge as a significant factor, is of minimal weight as it is a direct consequence of Mr Crotty's own actions. The court also noted that Mr Crotty has no dependents.

The appeal court set the headline sentence at four years, but reduced it to three years having considered the mitigating factors. Where the court disagreed with the original sentence was in the decision to wholly suspend the balance.

Ms Justice Kennedy instead suspended the final 12 months on condition that Mr Crotty be of good behaviour for one year after his release.

Mr Crotty, from Ardnacrusha, Co Limerick pleaded guilty last year at Limerick Circuit Court to assault causing harm. He was 20 years old at the time of the assault.

The case prompted a public and political outcry when it emerged that Mr 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.

Prior to resentencing, Ms Buckley told the court that the victim still suffers with post traumatic stress disorder and is attending therapy. She is not currently working and experiences highs and lows but is engaging with treatment.

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Brian McInerney SC, for Mr Crotty, asked the court to take into account the "enormous amount of media attention" that the case has attracted. Mr Crotty has been discharged from the army as a result of the offence and he has been expelled from a prominent golf club in Limerick.

The court heard Mr Crotty is working at a warehouse earning a "modest pay" and recently received a letter which, when viewed by gardai, prompted them to say they would prioritise calls from his address.

Mr McInerney argued that the sentencing judge had imposed a lenient but not unduly lenient sentence. He said the judge acted out of a "sense of humanity" having heard all the evidence in the case.