The fully suspended sentence handed down to a 40-year-old man who cut off an au pair's underwear and sexually assaulted her while she slept was too lenient, the Court of Appeal found today as it sent him to jail for two-and-a-half years.
Brian Haig of Roscrea, Co Tipperary pleaded guilty to a single count of sexual assault at an address in the county on 10 March, 2019.
After hearing submissions in the case, the court rose for a short period, before they returned and quashed the original sentence.The facts of the case were outlined in submission documents provided to the court today. The woman was invited to stay in the house for the night and was provided with a blanket and pillow to facilitate her sleeping on the couch.
This was completely at odds with the evidence of the injured party, who said that she was asleep at all times until she woke naked to find Haig on top of her, Det Gda Hennelly, said.Sentencing Judge Cormac Quinn nominated a headline sentence of two-and-a-half years which he reduced to 18 months. Thereafter, he fully suspended the sentence for a period of two years.
He said the sentencing judge had failed to have regard for the aggravating factors in the case, including the fact that the offence was perpetrated while the victim was asleep, that the woman was a guest of Haig and his partner and that a knife or other object was used to cut off her clothing and underwear so as to gain access to her private parts.