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

Date
2023-10-31
Stage
Appeal
Primary locality
Tipperary
County
Tipperary

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:

Case subjects

Brian Haig

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.

County Tipperary

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.

Places mentioned

Court Venue
  • Court of Appeal
  • Tipperary
  • Tipperary Circuit Court

Topics

Stage Appeal Violent Crime

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