Cathal Crotty jailed after Court of Appeal overturns suspended sentence for attack on Natasha O'Brien 

Cathal Crotty initially lied to gardaí, telling them he had been attacked first, but changed his story when confronted with CCTV. Picture: Collins Courts

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 imposed the sentence 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 Crotty (aged 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. Crotty will also pay €3,000 in compensation to Ms O'Brien.

Crotty has been taken into custody to begin his sentence.

Assault victim Natasha O'Brien said the courts have sent a "loud and clear" message on violence against women.

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 (aged 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.

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."

Appeal hearing

Earlier at Thursday's appeal hearing, Lily Buckley SC for the DPP said 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 noted on Thursday 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.

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.

The Court of Appeal has viewed CCTV footage of the assault before Crotty's lawyers will be given a chance to respond to the DPP's submissions.

The Crotty case prompted a public and political outcry in July last year after it emerged that Crotty had assaulted Ms O'Brien (aged 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.

Natasha O’Brien had asked Crotty to stop shouting homophobic abuse after she heard him call someone a 'faggot'. Picture: Collins Courts

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.