The Court of Criminal Appeal yesterday rejected an application to reduce a 21-year sentence on a man who pleaded guilty to the gang rape of a woman and an assault on her boyfriend at Cratloe wood in Co Clare two years ago.
In rejecting the appeal by Stephen Barry, Mr Justice Nicholas Kearns said it was "hard to imagine an offence of a more appalling nature" than that inflicted on the couple on January 23rd, 2004.
The court believed the most effective way for it to express its "outrage and disgust" over such offences was to dismiss the appeal. It was clear from the victim impact reports that the couple involved would "never get over" what had happened.
"It is difficult to see how such barbaric behaviour could do other than leave an indelible imprint on them for the rest of their lives, so humiliated, frightened and horribly treated were they on the night in question."
Barry, of Roxboro Road, Limerick, was 24 years old at the time and had 36 previous offences, including blackmail and having an article in breach of the Firearms and Offensive Weapons Act.
The judge noted Barry had initially pleaded not guilty. While he later pleaded guilty this might "possibly" have been because of the relatively lighter sentences imposed on his co-accused who were all minors and received terms of up to 10 years. The trial judge had pointed out his hands were "tied" in relation to those offenders because of their ages.
Barry had pleaded guilty to four charges arising from the attack on the couple at Brickhill East, Co Clare, on January 23rd, 2004.
He admitted raping and assaulting the 35-year-old woman. He also admitted the false imprisonment of the woman and her 36-year-old male companion and assaulting the man. He also pleaded guilty to stealing a bottle of tequila on January 22nd, 2004.
On July 30th, 2004, Mr Justice Paul Carney imposed a 21-year sentence on Barry.
During a 45-minute ordeal, the man and woman were threatened to hand over cash and mobile phones. The woman was hit on the shoulder with a golf club.
Threatened by Barry with a screwdriver, the man was forced to get into the boot of a car, which was then locked. It became clear to him the woman was being gang raped. She was initially put on the car bonnet and then forced into another car where she was raped by four of the group.
