A 21-year jail term imposed on a taxi-driver who subjected three women to an "appalling" four-hour rape in his flat was yesterday reduced by the Court of Criminal Appeal to 15 years.
Owen Bermingham (37), Grosvenor Place, Rathmines, Dublin, had brought an appeal against the severity of three consecutive sentences of 10 years imposed on him in July 2004 for the offences against each victim.
The final three years of each of the 10-year sentences was suspended, leaving Bermingham facing a sentence of 21 years. When the case was before the Central Criminal Court last year, it heard that Bermingham had picked up the three 20-year-old women in Rathfarnham on January 23rd, 2003, and invited them to his flat.
The women had become uncomfortable and decided to leave. Bermingham grabbed one by the hair and held scissors to her throat. He then raped all three and forced them to perform oral sex.
The court heard Bermingham began his attack about 2.30am and it was not until 6.30am that the victims managed to escape from the flat and flag down a passing Garda car.
Bermingham later pleaded guilty to three charges of rape and three of oral rape. Three counts of false imprisonment were also taken into account.
The trial judge imposed three consecutive sentences of 10 years for each victim, but suspended the final three years of each because of Bermingham's intention to plead guilty at an early stage and because €5,000 was offered as compensation and accepted by each victim.
Giving the judgment of the appeal court yesterday, Mr Justice Hugh Geoghegan said what had happened was appalling.
He said the three women had hailed a taxi driven by Bermingham who had just come out from treatment at St James's Hospital.
He was on prescribed drugs and had a drink problem. The three women agreed to go back to his place for drinks, but when he got them there he took custody of them. They could not escape.
Mr Justice Geoghegan, sitting with Mr Justice Declan Budd and Mr Justice John McMenamin, referred to "horrifying" features of what happened and said the ordeal must have been terrifying for the victims.
It was fair to say that, very quickly after the event, Bermingham had shown huge remorse and had requested gardaí to convey that remorse to the victims, the judge added. He had paid them €5,000 each.
The trial judge had taken a very serious view of the offences. Pleas had been put in relation to mitigating factors such as that Bermingham had no relevant previous conviction and was a good worker.
There were also testimonials that he had an honourable record up to the commission of the offences and had attended a psychiatrist.
It was further stated that he had a drink problem and had consumed prescribed drugs.
Mr Justice Geoghegan said counsel for Bermingham had been very critical of the way the sentence had been structured.
It was stated that a mathematical approach had been taken and that the sentences should not have been consecutive.
The judge noted that counsel for the DPP had stated he was instructed to argue that there was nothing wrong in the sentence, but was also instructed to draw the court's attention to the fact that it was a very high sentence for a single occasion and in circumstances where there had been no previous relevant conviction.
The court reduced the sentence to 15 years and made a recommendation that Bermingham receive psychiatric treatment.