Soldier beats a woman unconscious, gets a great reference from his CO. Jailed after appeal

On the face of it the mitigation in this case is quite high.

Guilty plea, his young age, first time offence, his background and work history. It wouldn't be unique that a suspended sentence was handed out in these circumstances.

The judge was correct when he stated the case could drag on for another year or 2, but the claim that the victim was spared the hassle of a trial is an assumption. She could have welcomed a trial to get every detail of what he did on the record. She seems a very strong person. It's not clear in the article but she appears to suggest she would have welcomed a trial, that she was traumatised anyway.

There was multiple witnesses and the attack was recorded, so the Judge should have gave him zero for a guilty plea. Even considering the cost and timing. Guilty pleas should definitely be rewarded, but this isn't one of them.

The aggregating factors in this case are immense. Young lady walking home from her job attacked. That is about as serious as it gets in terms of circumstances. The sustained brutality of the assault and the resulting physical and mental injuries pushing this again into the higher bracket of seriousness.

But what certainly pushes it into a custodial sentence is 2 factors. The fact he grabbed her hair, effectively held the back of her head as he punched her, that's how you kill someone, your head cannot go backwards to at least minimise the blows.

And the icing on the cake for me was gloating on social media "hours later". What sort of fúcking cretin gloats about beating up a girl to his friends?

The DPP should definitely appeal it if they actually have grounds to do so.

It just makes a show of the country that this even happened in court. Makes us look very backward. The member of the defence forces doing that in court just adds insult to injury. Everything about the case is just a damning indictment of the judicial system and the defence forces come out looking terrible here too in my view. Horrific stuff all round.

No idea what you are on about.

He's a human, not a fooking robot. So what if he is a member of the defence forces. Does this preclude him from saying he was horrified and disgusted that a man could batter a woman like what Crotty did? No, he was disappointed…….says a lot about the individual who stood up with the glowing words of commendation for Crotty

Your point has no relevance.

I think it is a reflection. First reflection is the very fact that he made a conscious decision to stand up in court to give a character reference BEFORE a decision was made, and knowing full well what this man did to that woman.

He was not compelled to do this. Then, his reference is all about how good:upstanding this man was as a soldier. The reference has to impact and resonate in the judgment in this case. Oh, but I guess he did add that he was disappointed…

So yes, an absolute reflection on what type person Togher is

Where was it that Togher had to attend and speak in court? As a citizen of the state, what in this case was it that Togher absolutely had to attend court and give that reference? Am I missing something?

Anyway, I stand by my assertion: I'd ether refuse to attend or attend and say I have nothing to say about this animal….and I'd accept the consequences of that.

walshb have you been watching Al Pacino?

I would say we all know people who work in particular jobs for many years and eventually lose interest, don't keep up to date, go through the motions etc. Just collect the pay packet etc. While not completely excusable it just happens. Judges are no different. Just keep them for 10 years max, then replace them because this has so much impact on society.

Where did the judge in this case suggest/imply/say that the reason Crotty is not in jail is because there are no jail spaces? Absolute nonsense. He is not in jail because his career is more important than justice….and didn't he plead guilty, doing that poor woman such a favor. This judge was not ordered to not jail Crotty due to a lack of jail/prison spaces

Do judges now have some algorithm that tells them there are 0 jail spaces, so you must NOT jail?

Jail spaces are not the remit of judges. It's nothing to do with them. They pass sentence.