The Court of Appeal has upheld an effective eight-year prison sentence imposed on Stephen McGrath for a prolonged series of offences against a woman in Rathcoole and during a van journey to Tallaght.
McGrath pleaded guilty to sexual assault, two counts of assault causing harm and production of an article capable of causing serious injury. Dublin Circuit Criminal Court sentenced him in June 2022 to four years and six months for the sexual assault and a consecutive three years and six months for assault causing harm. The remaining counts were taken into consideration.
The offences occurred on April 23, 2021 after McGrath, the victim and others had spent time drinking and taking drugs in Kildare.
At a rural property in Rathcoole, the victim was accused of taking drugs. The court recorded that McGrath kicked and stamped on her, punched her and pulled out a clump of her hair. After she tried to escape, she was assaulted again and threatened with being taken to the mountains and buried.
McGrath then drove away with the victim in a van. He continued assaulting her, prevented her leaving and removed her phone when she tried to seek help. During the journey he sexually assaulted her. She was eventually brought back to her Tallaght address at about 2pm.
The victim spent five days in hospital. Her documented injuries included extensive bruising, hair loss, a fractured rib and an underlying lung contusion. She also described continuing anxiety, depression, nightmares and withdrawal from work and family occasions.
McGrath appealed, arguing principally that the offences formed one transaction and that consecutive sentences were therefore wrong. He also relied on mitigation and argued that part of the sentence should have been suspended.
The Court of Appeal agreed that the events formed one transaction but held that this was an exceptional case where consecutive sentences were justified. It found the overall eight-year term proportionate and dismissed the appeal.