Courts / Tipperary / Report
Suspended sentence for man (40) who cut off au pair's underwear during sex assault was too lenient, court finds at it sends him to jail
Summary
The Court of Appeal has quashed the fully suspended sentence imposed on Brian Haig, finding it unduly lenient. Haig, a 40-year-old from Roscrea, County Tipperary, pleaded guilty to one count of sexual assault committed on March 10, 2019. The original sentencing judge, Cormac Quinn, had imposed an 18-month suspended sentence at Tipperary Circuit Court in January 2023. The DPP appealed, arguing the headline sentence of two and a half years was too low given aggravating factors, including that the victim was asleep and her clothing was cut off with a sharp blade. The three-judge panel, led by Ms Justice Isobel Kennedy, agreed the offending fell within the mid-range of gravity and displayed premeditation. Consequently, the court set a fresh headline sentence of five years, reduced to three and a half years in prison. The final 12 months of this term are suspended for a period of two years. Haig's counsel had argued for leniency based on his guilty plea, a letter of apology, and a probation report noting a difficult background, but the court determined the custody threshold should have been crossed.
Who, what, where, when and why
What: Report matter: Suspended sentence for man (40) who cut off au pair's underwear during sex assault was too lenient, court finds at it sends him to jail. Charges or matters: a single count of sexual assault at an address in the county on March 10, 2019; one count of sexual assault. Procedural stage: appeal
When:
- March 10, 2019 Incident
- January 12, 2023 Incident
- 2023-10-31 Publication
Case subjects
Appellant
Charges: a single count of sexual assault at an address in the county on March 10, 2019; one count of sexual assault (Admitted)
Plea: Guilty
Outcome: Judge Cormac Quinn imposed an 18-month suspended sentence at Tipperary Circuit Court on January 12, 2023. Counsel noted a Probation Report was available to the sentencing judge which showed Haig had "a very difficult background". "It may be considered charitable to say that a two and half year sentence is a significant departure but I would respectfully submit that it isn't," he added.
Appellant
Charges: a single count of sexual assault at an address in the county on March 10, 2019; one count of sexual assault (Admitted)
Plea: Guilty
Outcome: Judge Cormac Quinn imposed an 18-month suspended sentence at Tipperary Circuit Court on January 12, 2023.
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