A convicted rapist who attacked a woman in the street just 36 hours after his release from a 15- year-prison sentence has been jailed for a further five years by Dublin Circuit Criminal Court.
Trevor Byrne (28), Mountain View Court, Summerhill, Dublin,pleaded guilty to attempted robbery of Olivia Mariano, assault causing her harm and threatening to kill a man who came to her rescue at Eglinton Terrace, Phibsboro, Dublin, in December 2005.
Judge Donagh McDonagh said: "It would be easy with a complete recidivist to lock him up and throw away the key, and my immediate reaction because of the previous conviction is to impose a very heavy sentence but I do not want to leave him without any hope."
Byrne was 16 when jailed for 15 years in December 1994 by Mr Justice Vivian Lavan for rape. That sentence was reviewed in 2003 by Mr Justice Lavan who deemed Byrne unfit for release then.
Garda Stephen Rooney told Bernard Condon, prosecuting, that Byrne was released on December 14th, 2005, and 36 hours later he attacked Ms Mariano, a Filipino nurse in the Mater hospital, as she walked home from a Christmas party at about 2.30am.
Byrne grabbed Ms Mariano around the chest and pulled her to the ground. He sat on top of her with his legs at either side of her, punched her in the head and face and tried to cover her mouth with his hand when she screamed.
He told her he wanted her purse and threatened that he would cut her throat if she did not stop screaming. Two men who had been in a nearby friend's house came to her assistance. Byrne told them the woman had fallen down steps and he just wanted to talk to her. He later told gardaí that she had jumped on him and told him to take her bag.
The two men held Byrne until gardaí arrived during which time he threatened: "If you don't let me go I'll slit your throat."
Ms Mariano was treated in hospital for swelling to her face, blurred vision and difficulty opening her mouth. She has since recovered from her physical injuries but told Judge McDonagh that she now lived in fear and had no confidence going out at night.
She moved house in case Byrne knew where she lived and still feared he would come after her. Her family in the Philippines was worried for her.
Martina Baxter, defending, said Byrne wished to apologise to his victim and he had no reason or explanation for his "reprehensible" behaviour.
Judge McDonagh said that in imposing five years, he took Byrne's guilty plea into account and he was "not imposing a sentence as heavy as I was minded".