Man jailed for sexual assault as ‘unduly lenient’ sentence overturned

A man who sexually assaulted an unconscious woman on a couch in a hotel foyer has been sent to jail after his original suspended sentence was found to be “unduly lenient”.

Edmund Stewart (33), with an address at Ardgate Place, Newtownabbey, Co Antrim, had pleaded guilty at Cavan Circuit Criminal Court to sexually assaulting a woman at the Farnham Arms Hotel in Co Cavan on June 24th, 2012. He was given a wholly suspended three-year sentence.

The Court of Appeal found Stewart’s sentence to be “unduly lenient” on Monday, following an appeal by the Director of Public Prosecutions. He was jailed for nine months.

Giving judgment, Mr Justice John Edwards said Stewart was a member of a cycling club staying at the hotel and had spent time drinking in Cavan. In the early hours of June 24th, a woman who had consumed drink, to the extent that she was unconcious, was seen slumped on a couch in the hotel foyer.

One of Stewart’s companions described seeing movement on the couch and noticed that Stewart was beside her.

On any view, Mr Justice Edwards said, the offence required the imposition of a custodial sentence to be actually served. The original sentence was “unduly lenient”, he said.