"This court and this country will not tolerate the escalation of depravity represented by this case," said Mr Justice Carney yesterday in sentencing a young man to 10 years' imprisonment for raping a girl with a mobile phone.
Sentencing of Gareth Feeney (22), of Seagrange Road, Baldoyle had been adjourned from October 19th, when the jury found him guilty of one count of rape under Section 4 of the Sexual Offences Act, which includes rape with an object.
Feeney, a former airport worker, had also faced charges of oral, vaginal and anal rape, but was acquitted.
This trial in the Central Criminal Court was the second on the charges, as the first trial, which ran for eight days in June 2001, and involved 40 witnesses, collapsed.
The rape had occurred in 1999, when the young man was 19 and the girl 17. On the night of the rape he met her while walking home from a nightclub in north Dublin.
Mr Gerard Clarke SC, for the defence, asked Mr Justice Carney to have regard to all the circumstances of the case, especially that the jury had found the young man not guilty of two counts of rape and one of oral rape. "He is now a convicted sex offender with all that goes with that.
"He has expressed his intention not to repeat such behaviour. He has apologised and expressed remorse. I am asking the court to regard this as a unique case and consider a suspended sentence," said Mr Clarke.
Mr Justice Carney said he did indeed consider the case unique. "It represents an escalation of depravity in which a mobile phone was used as a penile substitute. I'm sure the framers of Section 4 never contemplated this."
He pointed out that the accused had given evidence, though he did not have to. "I found him arrogant and cocky. His attitude was that he would have his way every which way with his victim and then cast her aside.
"He chose not to avail of the most fruitful source of leniency, an early plea of guilty, which would spare the victim from giving evidence."
Mr Justice Carney said he was aware he was depriving the young man of his 20s, but added: "I want to indicate that this court and this country will not tolerate the escalation of depravity represented by this case." He sentenced Feeney to 10 years in jail, with a further 10 years on the sex offenders' register under post-release supervision.
He refused to grant a certificate of leave to appeal against severity of sentence.
The family of the victim said that she and the family were glad the case was over and they could get on with their lives.