The Court of Appeal has quashed a fully suspended sentence imposed on Dean Haig for sexual assault and resentenced him to three-and-a-half years’ imprisonment, with the final 12 months suspended for two years subject to conditions.
Haig pleaded guilty on a full facts basis to one count of sexual assault. He was originally sentenced on 12 January 2023 to 18 months’ imprisonment, wholly suspended. The Director of Public Prosecutions applied for a review on grounds of undue leniency under section 2 of the Criminal Justice Act 1993.
The judgment recounts that the injured party had fallen asleep fully clothed on a couch at the respondent’s home after socialising with him and his partner. She awoke at about 6am to find her clothes removed and Haig naked on top of her. She pushed him away. Her underwear and tights, found on the kitchen floor, had been cut with a sharp object such as a knife or scissors. She ran to a friend’s home, and later attended a sexual assault treatment unit.
The Director argued that the assault’s gravity, including the injured party being asleep and the cutting of her clothes, made a fully suspended sentence inappropriate. The Director withdrew the part of one ground alleging that Haig had at least attempted vaginal penetration, conceding that the sentencing transcript contained no such evidence. Haig argued that the sentencing judge had considered the relevant factors and that the offence was opportunistic.
The Court of Appeal held that cutting the injured party’s undergarments while she slept demonstrated premeditation and placed the offence in the mid-range of gravity. It concluded that the original sentence was a substantial departure from the norm and that the custody threshold had been crossed. The court quashed the sentence and resentenced Haig de novo.
It set a headline sentence of five years, reduced to three-and-a-half years to account for mitigation. The court cited his guilty plea, apologies, counselling and lack of relevant previous convictions, while noting that differing accounts he gave to a probation officer and psychologist diminished the value of the plea somewhat. It also noted his road-traffic convictions.
The final 12 months of the sentence were suspended for two years. Conditions include probation supervision, compliance with Probation Service directions, attendance at the Safer Lives Programme or another programme if deemed suitable, abstaining from alcohol and providing and remaining at his address.