Why are judges and the public so far apart on sentencing?

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Army Private Cathal Crotty was found guilty of viciously assaulting Natasha O’Brien in a random street attack in Limerick in 2022. He broke her nose, kicked her unconscious and then boasted about the attack to his friends online. He pleaded guilty only when faced with the evidence against him gathered by gardai.

The harm he caused lives with her still, yet he was able to return to his job in the Defence Forces - for now at least. Judge Tom O’Donnell said Crotty’s actions were “utterly appalling” but opted not to impose a jail term last week after hearing it would affect the soldier’s career.

He was facing a maximum sentence of five years yet he walked from the court with a three-year suspended sentence and an order to give €3,000 to his victim.

The public outrage against this apparent leniency has been building with O’Brien coming forward to tell her story and how the attack, the court case and her attacker’s sentencing has impacted her. The brave young woman wants Crotty’s sentence reviewed.

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Tom O’Malley, barrister, author, law lecturer and Ireland’s foremost expert in sentencing, explains how sentencing works, the factors that are taken into consideration and why a suspended sentence is a real punishment. He does though expect that the Crotty judgement will be considered for appeal by the Director of Public Prosecutions.

Presented by Bernice Harrison. Produced by Aideen Finnegan.

Bernice Harrison

Bernice Harrison

Bernice Harrison is an Irish Times journalist and cohost of In the News podcast