An appeal against the three-year suspended sentence imposed on soldier Cathal Crotty for attacking a woman has been lodged by the Director of Public Prosecutions (DPP).
The appeal, for undue leniency of the suspended prison sentence, was lodged on Friday, June 28.
However, no date has yet been set for an initial hearing in the appeal which will be heard in the Court of Appeal.
Mr Crotty, 22, from Park Row Heights in Ardnacrusha, Co Clare was given the suspended sentence on June 19 at Limerick Circuit Court for attacking Natasha O’Brien, 24, and leaving her unconscious on O’Connell Street in Limerick. He had boasted about the attack afterwards on social media.
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Ms O’Brien said afterwards that justice was not served and said that in her opinion the court had sent "a message" to Crotty and anyone else that they could attack women in public and not be jailed.
The sentence handed to Crotty led to nationwide protests and Ms O’Brien received a standing ovation in the Dail last week.
Crotty had initially tried to blame innocent victim, Ms O’Brien by wrongly telling the gardaí who arrested him that Ms O’Brien had instigated the attack at O’Connell Street, Limerick, on 29 May 2022.
However, after gardaí showed Crotty CCTV footage of him setting upon Ms O’Brien without provocation, he admitted his guilt, Limerick Circuit Criminal Court.
Hours after the attack Crotty boasted to friends on Snapchat: "Two to put her down, two to put her out", in reference to striking Ms O’Brien four times.
Crotty, who had been drinking alcohol throughout the evening in question, has never given a full explanation for the attack in which he pulverised Ms O’Brien with up to six punches.
It appeared he had lashed out at Ms O’Brien, of North Circular Road, Limerick, after she and a friend of hers had "politely" asked him to stop shouting "faggot" at other people on the street, the court heard.
Ms O’Brien, who was not known to Crotty, was walking home with a female friend after working a shift at a pub, when he violently assaulted her.
Crotty grabbed Ms O’Brien by her hair and punched her to the ground.
He continued holding her hair with one hand and punching her face with his other first as she lost consciousness on the ground, the court heard.
In court, Ms O’Brien bravely walked past Crotty to get into the witness box to read a victim impact statement to the court.
"As I lay in the foetal position, and losing consciousness, he continued his relentless beating – my last conscious thought was, 'he’s not stopping, I’m going to die'.
"The physical injuries I sustained were devastating; a severe concussion, a broken nose, severe swelling, and bruising on both arms, shoulders, head, right upper thigh, left eye, cheek and jaw.
"I spent the following weeks and months attending hospital and doctor appointments, and due to persistent concussion symptoms I was deemed 'high–risk' for a brain bleed, and I received a battery of tests including a head CT scan.
"I lived in constant fear that it could still result in my death. Cathal Crotty’s actions left me in a place of darkness, I have been suffering symptoms of PTSD, and I’ve had to attend multiple therapists since the attack."
Judge Tom O’Donnell, said Crotty’s actions on the night were "utterly appalling".
The judge said he had "no doubt" that if he imposed an immediate jail sentence on Crotty, that his "career is over" in the army.
Judge O’Donnell said a headline sentence was "five years" and he imposed a three-year sentence which he suspended in its entirety. He also ordered Crotty to pay €3,000 compensation to Ms O’Brien without prejudice to any potential civil court proceedings.
Speaking afterwards, Ms O’Brien criticised the sentence and said: "I lost my job because of his (Crotty’s) actions, because I was so impacted by what he did, but this judge doesn’t want to jail him because it will mean he will lose his job."
"That’s not justice," Ms O’Brien said.
