The Court of Appeal has increased the sentence imposed on S.A. for aggravated sexual assault, after allowing a Director of Public Prosecutions application to review it as unduly lenient.
The court quashed the Central Criminal Court sentence of five years’ imprisonment, with the final 20 months suspended for two years. It resentenced S.A. to five years and eight months, with the final 20 months suspended. The suspension terms and Probation Service involvement remain as ordered below.
S.A. had pleaded guilty to one count of aggravated sexual assault. Two sexual assault counts were taken into consideration on a full facts basis. The original sentence was imposed on 16 November 2022 and backdated to 19 November 2020, when S.A. first went into custody.
The offences occurred at the complainant’s home on 19 November 2020. The judgment records that S.A. pushed the complainant against a wall, kissed her and put his hands inside her underwear. A further assault occurred in the kitchen. In the bedroom, the complainant repeatedly asked S.A. to leave. The court heard a recording in which S.A. said that while they remained married and not divorced, he could do as he pleased. He pushed her onto the bed and tried to insert his penis into her anal area or vagina while she struggled and screamed. She reached emergency services by phone. Gardaí saw her distressed at an upstairs window, and S.A. made immediate admissions under caution.
The sentencing judge identified a headline sentence of seven and a half years, reduced it to five years after considering mitigation, and initially suspended 15 months. The judge later returned to court and increased the suspended portion to 20 months. The Director argued on appeal that the reductions produced an inadequate sentence. S.A.’s counsel submitted that the sentence was open to the judge.
The Court of Appeal described the sentence as exceptionally lenient, while recognising the sentencing judge’s consideration of S.A.’s acquired brain injury. It also considered section 40 of the Domestic Violence Act 2018, which treats an offence against a relevant person as an aggravating factor, subject to an exception for exceptional circumstances. The court said the domestic context required a greater sentence, though the brain injury reduced the aggravation. It concluded the original sentence fell beyond the judge’s margin of appreciation and resentencing was required.
The judgment does not identify the complainant by name. It uses initials for S.A.